Page:Special 301 Report 2008.pdf/42

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JAMAICA
Jamaica will remain on the Watch List in 2008. The United States remains concerned over Jamaica's continued delay in enacting the Patents and Designs Act, which is intended to implement Jamaica's obligations under the TRIPS Agreement and to comply with the United States-Jamaica Bilateral Intellectual Property Agreement. The United States urges the Government of Jamaica to reform its patent law as soon as possible to comply fully with international standards for patent protection.

KUWAIT
Kuwait will remain on the Watch List in 2008. Although Kuwait customs, police, and Ministry of Interior officials continued to make progress on IPR enforcement in 2007, Kuwait failed to make similar progress on amending its outdated IPR laws. The United States remains concerned that several key pieces of IPR legislation have been pending for many years, including legislation regarding copyrights, data protection, geographical indications, trademarks, patents, and customs, and urges Kuwait to enact and implement this legislation in the near term. The United States will continue to work with Kuwait on the passage of this IPR legislation and improved IPR enforcement through the United States-Kuwait Trade and Investment Framework Agreement in order to ensure that Kuwait meets its international IPR commitments.

LEBANON
Lebanon will be moved to the Watch List in 2008 from the Priority Watch List. Lebanon took some IPR enforcement actions in 2007, especially in the form of the Cyber Crime and Intellectual Property Rights Bureau within Lebanon's police department. The United States remains concerned, however, about copyright piracy in Lebanon, particularly in the sectors of cable and book piracy. The United States is also concerned about inadequate protection against unfair commercial use of undisclosed test or other data generated to obtain marketing approval for pharmaceutical products, as well as a growing problem with counterfeit pharmaceutical products in Lebanon. The United States urges Lebanon to improve IPR protection and enforcement in the coming year, particularly in light of Lebanon's bid for accession to the WTO.

MALAYSIA
Malaysia will remain on the Watch List in 2008. Malaysia continued to show a strong commitment to strengthening IPR protection and enforcement this past year, but still needs to make further IPR improvements. In 2007, Malaysia continued to take positive actions against piracy and counterfeiting. Notably, the Malaysian Government established a specialized IP court, which began to adjudicate IPR cases in 2007. The United States urges Malaysia to continue its IPR enforcement efforts and to accede to and fully implement the WIPO Internet Treaties. The United States also encourages Malaysia to provide effective protection against unfair commercial use of undisclosed test or other data generated to obtain marketing approval for pharmaceutical products, and create a coordination mechanism between its health and patent authorities to prevent the issuance of marketing approvals for unauthorized copies of patented pharmaceutical products. The United States will continue to work with Malaysia to make progress on these pressing IPR issues through the ongoing U.S.-Malaysia Free Trade Agreement negotiations.

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