protection substantially. The United States encourages Bolivia to accede to and implement the WIPO Internet Treaties. The United States encourages Bolivia to improve its IPR protection regime in 2009, as well as increase its IPR enforcement efforts to combat piracy and counterfeiting.
BRAZIL
Brazil will remain on the Watch List in 2009. Brazil has illustrated a commitment to anti-piracy and anti-counterfeiting policies by public awareness and education campaigns. Enforcement actions, including investigations into IPR violations, raids, and seizures of pirated and counterfeit products, have continued. The United States encourages Brazil to continue these actions as well as strengthen its IPR enforcement legislation, take more vigorous action to address book and Internet piracy, and accede to and implement the WIPO Internet Treaties. Concerns remain regarding patent protection for pharmaceuticals and medical devices, including with respect to: the decision against granting patents for polymorphs and second-use inventions; and the role of Brazil's health authority, ANVISA, in the patent application process. In addition, the United States continues to urge Brazil to provide effective protection against unfair commercial use of undisclosed test and other data generated to obtain marketing approval for pharmaceutical products. The United States will continue to engage with Brazil bilaterally on these IPR issues, including through the U.S.-Brazil Bilateral Consultative Mechanism and other means.
BRUNEI
Brunei will be added to the Watch List in 2009. The sale of illegal optical discs including unlicensed software is open and pervasive in Brunei and the Government's record on enforcement is weak. Additionally, industry reports that locally burned pirate DVD-Rs and VCDs are ubiquitous. Despite increased bilateral engagement on this issue, Brunei has made little progress on IPR issues over the past year. The Government has been slow in responding to the concerns of rightsholders, including with respect to raids and prosecutions. The United States urges Brunei to make a concerted effort to address these problems.
COLOMBIA
Colombia will remain on the Watch List in 2009. The United States commends Colombia for its continued efforts to combat IPR violations, including through conducting raids seizing counterfeit and pirated products and deterring the counterfeiting of pharmaceuticals. The United States remains concerned, however, that further IPR improvements are needed, including actions to reduce book and optical media piracy. The United States encourages Colombia to develop an effective system to prevent the issuance of marketing approvals for unauthorized copies of patented pharmaceutical products. The United States will work with Colombia to achieve progress on these issues. The pending United States–Colombia Trade Promotion Agreement (CTPA), once in force, would establish high standards of IPR protection and enforcement in Colombia.
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