Page:Special 301 Report 2008.pdf/38

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WATCH LIST

ALGERIA
Algeria will be added to the Watch List in 2008. The United States is concerned about the lack of protection in Algeria against unfair commercial use of undisclosed test and other data generated to obtain marketing approval for pharmaceutical products, as well as insufficient coordination between Algeria's health and patent authorities to prevent the issuance of marketing approvals for unauthorized copies of patented pharmaceutical products. For example, industry has noted concern over Algeria's lack of data protection legislation, Algeria's granting of marketing approval in 2007 to generic copies of drugs protected by Algerian patents, and the lack of effective judicial remedies to enable a right holder to challenge in court the granting of marketing approval for generic pharmaceutical products that infringe Algerian patents. The United States also has concerns about weak enforcement against piracy and counterfeiting in Algeria. The United States will work together with Algeria to address these IPR concerns, including through Algeria's bid for accession to the WTO and the bilateral Trade and Investment Framework Agreement.

BELARUS
Belarus will remain on the Watch List in 2008. The United States remains concerned about Belarus' delayed implementation of its intellectual property commitments under the U.S.-Belarus Trade Agreement. The United States encourages Belarus to strengthen its IPR laws, reduce piracy and counterfeiting levels, and increase its IPR enforcement efforts. Belarus reportedly plans to amend its copyright law in 2008, and the United States will continue to monitor Belarus' progress to ensure that it provides adequate protection for sound recordings and pre-existing works and properly implements the WIPO Internet Treaties, which Belarus ratified in 1998. Belarus' IP laws neither provide ex officio authority to allow police officials to initiate criminal copyright cases or for customs officials to seize illegal products at the border, nor provide for civil ex parte search procedures necessary to protect against end-user software piracy. The United States will work together with Belarus to strengthen its IPR laws.

BOLIVIA
Bolivia will remain on the Watch List in 2008. Piracy and counterfeiting persist in Bolivia, and there were no notable improvements to Bolivia's IPR regime during 2007. As a WTO member, Bolivia committed to increase its levels of IPR protection substantially. The United States encourages Bolivia to accede to and implement the WIPO Internet Treaties. In addition to rampant piracy and counterfeiting in Bolivia, concerns remain about the erosion of IP protection for pharmaceutical products in Bolivia. The United States encourages Bolivia to improve its IPR protection regime in 2008, as well as increase its IPR enforcement efforts to combat piracy and counterfeiting.

BRAZIL
Brazil will remain on the Watch List in 2008. The United States conducted an Out-of-Cycle Review in 2007, which resulted in Brazil being maintained on the Watch List in February 2008. This decision recognizes Brazil's continued positive momentum on IPR enforcement that led to the decision to improve Brazil's ranking from the Priority Watch List to the Watch List in the

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