Page:Special 301 Report 2000.pdf/29

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industry. As a result, piracy of audiovisual, software, sound recording, book and optical media products continues to be a serious problem in the Czech Republic. We will continue to consult informally with the Czech Republic in the coming months in an effort to encourage it to resolve outstanding TRIPS compliance concerns, including enforcement, as soon as possible.

Denmark: The United States initiated WTO dispute settlement proceedings against Denmark in 1997 as a result of Denmark's failure to implement its obligations under the TRIPS Agreement requiring provisional remedies, induding ex parte procedures in civil enforcement proceedings. Courts must be granted the ability to order unannounced raids in appropriate cases to determine whether infringement is taking place and to preserve evidence of infringements, as well as the ability to order that allegedly infringing activities be stopped pending the outcome of a civil infringement case. This type of enforcement remedy is particularly important to the enforcement efforts of the software industry. After numerous consultations with the United States, the Government of Denmark established a Special Legislative Committee to consider the issue and determine the need for amendments to Danish law. The Committee is currently in the process of drafting the necessary legislation, but this process is significantly behind schedule. Therefore, USTR will take the next step in our dispute with Denmark and request the establishment of a WTO panel unless progress is made imminently.

Ecuador: Last year, Ecuador was moved from the Priority Watch List to the Watch List in recognition of its having enacted major legislation and implemented regulations which went a long way toward meeting TRIPS requirements. This year largely saw a consolidation of those gains. However, serious enforcement problems remain, with piracy levels still high, difficulty getting court orders enforced by the national police and the customs service, and a number of Dealers' Act cases still pending in the courts. On the patent side, Ecuador and its Andean partners need to complete the revisions to Andean Decision 344 to bring it into conformity with the TRIPS Agreement. We will continue to consult informally with Andean Community governments in an effort to encourage them to resolve the outstanding TRIPS compliance concerns as soon as possible in the coming months.

Hungary: Hungary has enacted copyright, patent, trademark, and criminal and civil code amendments to brings its intellectual property rights regime in line with its obligations under the TRIPS Agreement and its obligations to the United States and the European Union. However, questions remain whether sufficient legal authority exists as required by the TRIPS Agreement for civil ex parte search procedures. We have received indications that continuing concerns about Hungary's protection for confidential test data will be addressed in the coming year. We urge the Government of Hungary to do so quickly. With respect to enforcement, despite good cooperation with the police, video and cable television piracy is widespread, and local television and cable companies regularly transmit programs without authorization. Prosecutors and judicial authorities have generally not dealt with piracy cases in an expeditious manner or imposed deterrent level fines and jail sentences, although the Copyright Act, which entered into force on September 1, 1999, streamlines the procedure for the enforcement of judicial decisions in all copyright infringement cases.

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