Page:Special 301 Report 2000.pdf/32

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1994. To date, Lithuania has failed to provide transitional pipeline protection, which was a part of the 1994 agreement. Other types of patent protections also remains lacking, including protection for confidential test data and process patents.

Macau: Over the past six months, Macau has made reasonable progress in attacking the piracy problems that led to its placement on the Special 301 Priority Watch List. Macau has enacted a tough, TRIPS-compliant copyright law; required source identifier codes; and required registration of CD production and sales facilities. An Intellectual Property Department has been established to coordinate policy and enforcement, and a government decree has been issued requiring the use by government agencies of licensed software. Over the next several months, we look to Macau to organize a new customs department, incorporating elements of both the Macau Economic Services Department and the Marine Police. Although only a few months have passed since the establishment of the Macau Special Administrative Region (SAR), relations have improved with American copyright associations, especially with the Motion Picture Association, with whom Macau has conducted five joint enforcement operations so far this year. Macau's courts have implemented a special expedited prosecution system that allows a suspect to be brought immediately to trial. We now look to Macau to vigorously prosecute those responsible for piracy. In view of the significant momentum that Macau has demonstrated to improve intellectual property protections, Macau is being lowered from Priority Watch List to Watch List status. USTR will conduct an out-of-cycle review of Macau in December 2000.

Moldova: Moldova has several remaining steps to take to fulfill its intellectual property commitments under the 1992 U.S.-Moldova Trade Agreement and to make its intellectual property regime consistent with the TRIPS Agreement. Specifically, Moldova is not yet a member of the Geneva Phonograms Convention; is not providing any protection or rights to U.S. and other foreign sound recordings; and does not clearly provide retroactive protection for works or sound recordings under its copyright law. In addition, there is weak enforcement of intellectual property rights in Moldova. Moldova's 1994 Copyright Act does include deterrent penalties for intellectual property violations; however, Moldova has yet to amend its Criminal Code to include criminal provisions for intellectual property violations, as required by the 1992 bilateral agreement. Further, the Customs Law does not provide the proper authority to seize material at the border as required by the TRIPS Agreement. Ineffective border enforcement could cause Moldova to become a target for illegal optical media producers, a problem that other countries of the region have faced.

Oman: As part of its efforts to accede to the WTO, Oman is currently working with WTO Members to amend its current copyright law to comply with the provisions of the TRIPS Agreement. Although Oman has started to take steps to combat software piracy, no action has been taken to date against end-users of unauthorized computer software. We urge Oman to continue its progress on amending the copyright law, to join the Geneva Phonograms Convention and to pursue sustained and deterrent enforcement actions against end-users of unauthorized computer software.

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