Page:Special 301 Report 2009.pdf/31

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judges are encouraged to impose deterrent-level sentences for civil and criminal IP infringement. U.S. copyright industries also report that Internet piracy in Hungary is a major problem, and note that the Hungarian Government should provide adequate resources to its law enforcement authorities to combat IPR crime, especially on the Internet. The United States will continue to work with the Hungarian Government to address these IPR concerns.

ITALY

Italy will remain on the Watch List in 2009. Italy's Economic Development Ministry established a General Directorate for Intellectual Property in 2008, which appears committed to raising public awareness of the value of IPR. We hope that this office will strive to make much-needed progress on IPR protection and enforcement in Italy, especially after an apparent lag in high-profile government attention to IPR last year. In early 2009, the Prime Minister's Office created an interministerial task force to combat Internet piracy. This appears to be a positive step, and we urge the Italian Government to create an IPR action plan and use the new task force to guide prompt and significant action against Internet piracy. The Finance Police and Customs police have carried out investigations and seizures throughout Italy. However, notable concerns last year included a lack of deterrent-level sentences for IPR crimes imposed by Italian courts. The U.S. copyright industries continue to report that Italy has one of the highest overall piracy rates in Western Europe, with Internet piracy remaining a significant problem. The United States urges Italy to make IPR enforcement a top priority, including encouraging judges to impose deterrent-level sentences and establishing a national action plan to address commercial-scale piracy, with a focus on Internet piracy. The United States will continue to work with Italy, with the goal of improving IPR protection and enforcement.

JAMAICA

Jamaica will remain on the Watch List in 2009. 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 in accordance with international standards for patent protection.

KUWAIT

Kuwait will remain on the Watch List in 2009. Although Kuwait customs, police, and Ministry of Interior officials continued to make progress on IPR enforcement in 2008, 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, protection of undisclosed test or other data generated to obtain marketing approval for pharmaceutical products, geographical indications, trademarks, patents, and customs, and urges Kuwait to enact and implement this legislation in the near term. In the United States-Kuwait Trade and Investment Framework Agreement, Kuwait recognized the importance of membership in and adherence to IPR conventions, but has not yet joined many important conventions, such as the Paris Convention and the Patent Cooperation Treaty. The

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