Page:Special 301 Report 2008.pdf/44

From Wikisource
Jump to navigation Jump to search
This page has been validated.

however, such as increasing Internet piracy, trade in pirated goods at markets on Poland's border with Germany, weak border enforcement, inefficient prosecutions, and lack of deterrent-level sentences imposed by courts. The United States is also concerned by Poland's lack of coordination between its health and patent authorities to prevent the issuance of marketing approvals for unauthorized copies of patented pharmaceutical products, as well as a reported lack of adequate enforcement remedies when generic pharmaceutical products are launched during the term of an innovator's patent. The United States encourages Poland to commit its resources and attention to addressing these IPR protection and enforcement issues over the next year.

ROMANIA
Romania will remain on the Watch List in 2008. Though there was a decrease in pirated optical discs sold by street vendors, Internet piracy grew significantly in 2007. Prosecutors in Romania often fail to pursue IPR cases and judges often dismiss IPR cases due to a perceived "lack of social harm." The United States urges Romania to encourage its prosecutors to vigorously prosecute IPR cases and its judges to impose deterrent-level sentences against IPR infringers, and to remove delays and obstacles in criminal investigations. The United States will work with Romania to improve its IPR enforcement efforts.

SAUDI ARABIA
Saudi Arabia will remain on the Watch List in 2008. The United States has been working closely with Saudi Arabia on IPR issues during 2007. Saudi Arabia has made some progress in IPR enforcement, including an increased number of IPR raids and the reported disposition of numerous cases by the copyright enforcement Violations Review Committee. The United States recognizes that Saudi Arabia is pursuing IPR improvements, especially with regard to increasing transparency of its copyright enforcement administrative processes within the Ministry of Culture and Information and the Violations Review Committee. The United States welcomes preliminary reports in late April that the long-awaited Ministry of Culture and Information website became operational, and we expect that transparency will increase as more information is added to this website. Saudi Arabia also has reportedly increased its cooperation with private right holders. Saudi Arabia needs to make further IPR improvements by continuing sustained raids and inspections to combat piracy and counterfeiting; encouraging courts to impose deterrent-level sentences, including jail sentences for serious offenses against IPR infringers; and improving border enforcement. The United States welcomes Saudi Arabia's agreement to establish a United States – Saudi Arabia IPR Working Group, and will work closely with Saudi Arabia to address the outstanding IPR issues during the coming year through this IPR Working Group and the Trade and Investment Framework Agreement.

SPAIN
Spain will be added to the Watch List in 2008. The United States is concerned by the Spanish government's inadequate efforts to address the growing problem of Internet piracy, described by U.S. copyright industries as one of the worst in Europe. There is also a widespread misperception in Spain that peer-to-peer file sharing is legal. While Spanish law enforcement authorities have taken some positive measures against pirate Internet websites, prosecutors have failed to pursue IPR cases, judges have failed to impose deterrent-level sentences against IPR infringers, and right holders do not have access to important legal tools needed to bring

44