WATCH LIST – RECENTLY COMPLETED FREE TRADE AGREEMENTS
COLOMBIA
Colombia will remain on the Watch List in 2008. The United States commends Colombia for its continued actions to combat IPR violations through launching public awareness campaigns, conducting raids, prosecuting IP infringers, and designating special IP judges. The United States remains concerned, however, that further IPR improvements are needed, including efficient prosecutions of IP infringers, issuance of deterrent-level criminal sentences by courts, and stronger IPR border enforcement. The United States wiIl continue to monitor Colombia's compliance with its bilateral and multilateral obligations to protect against unfair commercial use of undisclosed test or other data generated to obtain marketing approval for pharmaceutical products, and encourages Colombia to develop procedures and remedies to prevent the issuance of marketing approvals for patent-infringing pharmaceutical products. The United States will work with Colombia to achieve progress on these pressing IPR issues through the implementation of its IPR commitments under the United States – Colombia Trade Promotion Agreement (CTPA), in which Colombia has committed to implement high standards of IPR protection through its legal structures and enforcement practices.
COSTA RICA
Costa Rica will remain on the Watch List in 2008. The United States remains concerned about weak IPR enforcement in Costa Rica, particularly with respect to copyright piracy and trademark counterfeiting. The United States encourages the Government of Costa Rica to address the shortcomings in its IPR enforcement system by assigning high priority and resources to combating piracy and counterfeiting and providing deterrent penalties. Additional IPR areas of concern include inadequate protection against unfair commercial use of undisclosed test or other data generated to obtain marketing approval for pharmaceutical products, and inadequate protection for patents, copyrights, and trademarks. Costa Rica ratified the United States – Central America – Dominican Republic Free Trade Agreement (CAFTA–DR) in October 2007. The United States will continue to work closely with Costa Rica to ensure implementation of its IPR commitments under CAFTA–DR in the near term.
DOMINICAN REPUBLIC
The Dominican Republic will remain on the Watch List in 2008. The Dominican Republic passed IPR laws in 2006 and 2007 to implement its commitments under CAFTA–DR. These legislative reforms have enhanced the Dominican Republic's protections for patents, copyrights, and trademarks, as well as strengthened its IPR enforcement regime. The United States will continue to monitor the Dominican Republic's compliance with its bilateral and multilateral obligations to protect against unfair commercial use of undisclosed test or other data generated to obtain marketing approval for pharmaceutical products, and encourages the Dominican Republic to provide coordination between its health and patent authorities to prevent the issuance of marketing approvals for unauthorized copies of patented pharmaceutical products. The United States encourages the Dominican Republic to enforce its new IPR laws and hopes to see a resulting decline in the high levels of piracy and counterfeiting in the Dominican Republic.
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