Page:Special 301 Report 2014.pdf/50

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States will closely monitor developments on these issues and looks forward to continuing to work with Canada to address these and other IPR issues, including through the TPP negotiations.

Colombia

Colombia remains on the Watch List in 2014. The Government of Colombia has made tangible progress in the areas of internal coordination of enforcement agencies, reducing patent application backlogs, and training judges and law enforcement officials on IPR issues. However, earlier progress on IPR legislation was reversed in 2013 when the Colombian Constitutional Court invalidated on procedural grounds the law enacting many IPR-related commitments made under the United States-Colombia Trade Promotion Agreement (CTPA). Colombia has not yet reestablished the provisions contained in the earlier invalidated law. In addition, Colombia's limitations on the patentability of certain pharmaceuticals and challenges related to pharmaceutical and agrochemical data protection are areas of concern. The United States urges Colombia to implement geographical indications protections in a manner that is consistent with its obligations under the CTPA. Persistently high levels of both hard goods and Internet piracy continue to plague the country in spite of periodic, laudable enforcement efforts. For example, Colombia's San Andresitos markets remain rife with counterfeit and pirated products and were again named in USTR's Notorious Markets List in 2013. Greater enforcement attention is needed to disrupt organized distribution of illicit goods, including in the border areas. The United States looks forward to continuing constructive engagement with Colombia on these and other matters.

Costa Rica

Costa Rica remains on the Watch List in 2014. Costa Rica's efforts to address certain longstanding problems have not yet taken hold and new problems have arisen in the meantime. Several long-term concerns relate to weak IPR enforcement. Few criminal prosecutions result in deterrent-level sentencing in Costa Rica, despite growing evidence of links between certain IPR infringement and organized crime. The United States applauded a 2011 announcement that a specialized IPR prosecution unit would be created, but it is unclear whether that initiative is actually underway. Similarly, while the government of Costa Rica announced a plan in 2010 to ensure that the government would use only licensed software, progress has been limited until recently, and actual results remain unknown. Costa Rican law still allows Internet service providers (ISPs) 45 days to forward infringement notices to subscribers, which represents a very long period of time, especially considering that certain content may be of relatively short-term interest to the public. Pharmaceutical patent holders report a number of concerns, including poorly defined exceptions to Costa Rica's data exclusivity regime. The United States encourages Costa Rica to engage with the private sector and other interested parties as it evaluates legislative reforms relating to health care. In terms of new problems, initial administrative determinations on applications to register certain geographical indications present a notable concern, as first-level authorities seemed not to acknowledge relevant evidence presented by interested parties in opposition. At the same time, Costa Rica has taken positive steps forward. Costa Rica has rolled out an electronically searchable trademark database, it has

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