12
under an April 1995 exchange of letters by adhering to the Geneva Phonograms Convention and publishing a statement in its official gazette confirming copyright protection for U.S. and other foreign sound recordings. Another positive step was passage of a decree establishing a title verification system aimed at preventing and detecting unlicensed production of such CD's and CD-ROMs at the CD plants and other facilities. Most recently Bulgaria passed a much needed amendment to the title verification decree covering CD-ROMS carrying computer software. Notwithstanding these developments, production and export of pirated product -- particularly CDs and CD-ROMs -- continue to be a serious problem, which requires an expanded enforcement effort by Bulgarian authorities. An "out-of-cycle" review will be conducted in December to ensure implementation of the amended title verification system and that enforcement efforts are improved. Special attention will be paid to the level of production of pirated CDs and CD-ROMs as well as the export of those products to other markets.
Canada: On April 25, the Canadian Parliament passed copyright legislation that discriminates against the interests of some U.S. copyright holders. The legislation establishes a public performance right for record producers and performers. It also establishes a levy on blank audio recording media, the revenues from which are intended to compensate performers and producers for the performance and unauthorized home-taping of their works in Canada. The United States is extremely concerned that U.S. performers and producers are denied national treatment under the legislation. In response to this recent development, USTR is immediately launching an out-of-cycle review during which time we will examine the legislation in detail and consult with U.S. industry on appropriate next steps.
Chile: Chile's patent term is TRIPs-inconsistent, pipeline protection remains unavailable, and there is inadequate protection for plant varieties and animal breeds. Additional problems are computer software piracy and the absence of protection for semi-conductor mask works and encrypted satellite signals. Copyright protection for computer software and the existence of rental and importation rights remain unclear.
Colombia: Piracy continues to be a significant problem despite continued efforts and cooperation with US industry. Border enforcement also continues to be a problem. Colombia has not yet fully implemented the WTO TRIPS Agreement. Deficiencies in its patent and trademark regime include insufficiently restrictive compulsory licensing provisions, working requirements, inadequate protection of pharmaceutical patents, and lack of protection against parallel imports. Also, in the copyright area, Colombia's TV Broadcast law continues to discriminate against foreign content and Colombia only now is beginning to implement the new TV regulations.
Costa Rica: Costa Rica's patent law is deficient in several key areas. The term of patent coverage is a non-extendable 12 year term from the date of grant. In the case of products deemed to be in the "public interest", such as pharmaceuticals, chemicals and agro-chemicals, fertilizers, and beverage/food products, the term of protection is only one year from date of grant. The U.S. looks to the Government of Costa Rica, as it implements its WTO obligations, to adopt a term of patent protection of 20 years from filing as required by TRIPs.
Denmark: has not implemented the TRIPS obligation to provide provisional remedies, including ex
