Page:Special 301 Report 2014.pdf/51

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compiled better enforcement statistics, and it has formed and trained a new border police unit, which could have a positive impact on IPR enforcement. Given Costa Rica's demonstrated ability to address issues of its choosing, the United States urges Costa Rica to develop clear plans to tackle longstanding problems and to demonstrate tangible progress in implementing those plans prior to the next Special 301 review.

Dominican Republic

The Dominican Republic remains on the Watch List in 2014. While several positive developments merit recognition, substantial concerns remain, especially with respect to the widespread availability of pirated and counterfeit products. In terms of steps forward, Dominican Republic authorities have provided more effective regulatory protection against pharmaceutical patent infringement and have in individual cases provided for the protection of undisclosed test and other data generated to obtain marketing approval for pharmaceutical products against unfair commercial use and unauthorized disclosure, although the United States urges the Dominican Republic to clarify the governing procedural frameworks. The Dominican Republic has also made a trademark database available online. Nevertheless, IPR enforcement agencies in the Dominican Republic continue to experience a lack of coordination, resources, and training. As an example, the Dominican Republic reports enhanced enforcement efforts to address cable signal piracy, yet the private sector has not observed a substantial resulting impact. A major and unresolved problem is the Dominican Republic's large backlog of pending patent applications. Over 1,300 patent applications were pending as of January 2014, whereas less than 250 patent certificates were issued from 2000-2013. The multi-year delays in the patent application and examination process highlight the urgent need to reduce the backlog and to address outstanding concerns to implement CAFTA-DR obligations with respect to patent term adjustment. The United States looks forward to continuing to work with the Dominican Republic to address these and other issues.

Ecuador

Ecuador remains on the Watch List in 2014. The United States is very concerned about the recent de-criminalization of IPR infringement. Ecuador continues to experience high levels of piracy and counterfeiting and relatively low levels of enforcement. The repeal of the criminal enforcement provisions will only exacerbate the situation. On a positive note, Ecuador's Institute for Intellectual Property (IEPI) has undertaken public awareness efforts to attempt to address the rampant IP theft occurring in Ecuador, including at La Bahia, a 2013 Notorious Market. However, the United States remains concerned about the institutional weakening of IEPI under a 2012 government reorganization. Furthermore, IEPI's 2012 enactment of exorbitant fees for patent and plant variety registration and maintenance, and the lack of protection against unfair commercial use, as well as unauthorized disclosure, of undisclosed test or other data generated to obtain marketing approval for pharmaceutical and agricultural chemical products could have an adverse effect on foreign investment in those sectors.

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