Page:Special 301 Report 2008.pdf/43

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MEXICO
Mexico will remain on the Watch List in 2008. Overall IPR enforcement efforts remained weak in Mexico in 2007, although there were notable improvements during the year in the State of Mexico and the Municipality of Toluca. The United States encourages Mexico to take the following actions to strengthen its IPR regime: continue to build a consistent record of aggressive prosecutions and deterrent-level penalties imposed by courts; improve domestic cooperation efforts between federal, state, and local enforcement authorities; increase IPR enforcement efforts by customs authorities; pass legislation to provide ex officio authority to law enforcement and customs authorities; criminalize camcording in theaters; and implement fully the WIPO Internet Treaties. The United States also encourages Mexico to provide adequate protection against unfair commercial use for test or other data generated to obtain marketing approval for pharmaceutical products, and improve coordination between its health and patent authorities to prevent the issuance of marketing approvals for unauthorized copies of patented pharmaceutical products. Counterfeit pharmaceuticals also appear to be a growing problem in Mexico. The United States will continue to work with Mexico to address and resolve these IPR concerns in an effective manner.

NORWAY
Norway will be added to the Watch List in 2008. The United States is concerned about the lack of product patent protection for certain pharmaceutical products. The regulatory framework in Norway regarding process patents filed prior to 1992 denies adequate protection to nearly 75 percent of the pharmaceutical products currently on the Norwegian market, according to U.S. industry reports. The United States will continue to encourage Norway to resolve this issue.

PHILIPPINES
The Philippines will remain on the Watch List in 2008. The United States is concerned about U.S. industry reports of an apparent increase in piracy in the Philippines, particularly in the areas of book piracy, illegal downloads using mobile devices, piracy on the Internet, and the illegal camcording of films in theaters. The United States urges the Philippines to take steps to reverse these trends and strengthen its enforcement regime against piracy and counterfeiting. Specifically, the Philippines should pursue final determinations in outstanding IPR cases, including those related to cable piracy, with imposition and implementation of deterrent-level penalties. The Philippines also should strengthen the Optical Media Board and provide it with adequate resources to expand and improve the effectiveness of its activities; strengthen the Customs IP unit; ensure that its patent regime complies with the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights; enforce copyright protection of printed material; and seek to obtain amendments to the Copyright Act to implement the WIPO Internet treaties. The United States will continue to work with the Philippine Government under the bilateral Trade and Investment Framework Agreement to strengthen the Philippines IPR regime.

POLAND
Poland will remain on the Watch List in 2008. Poland made some IPR improvements in 2007, including the closure of the Warsaw Stadium that was notorious for selling counterfeit and pirated goods, amendments to its IP laws to strengthen criminal penalties, and closer cooperation between law enforcement authorities and the private sector. Numerous IPR concerns remain,

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