Page:Special 301 Report 2009.pdf/32

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United States encourages Kuwait to pass this IPR legislation, accede to these conventions, and improve IPR enforcement.

LEBANON

Lebanon will remain on the Watch List in 2009. Lebanon made significant progress in 2008 in addressing the long-standing issue of cable piracy through the efforts of several IPR ministries and law enforcement cooperating with the private sector. These efforts led to cable operators signing licenses with rightsholders, resulting in at least 80 percent of the estimated 600 to 800 illegal cable providers in Lebanon securing licenses. The United States commends Lebanon's success in combating this cable piracy. The U.S. copyright industries cite continued cooperation with the Cyber Crime and Intellectual Property Rights Bureau within Lebanon's police department. The United States remains concerned, however, about weak enforcement against piracy of books, music, films, and software. It is imperative that Lebanon provide opportunities for IPR training to its prosecutors and judges, and encourage its courts to issue deterrent-level sentences for IPR crimes; pending legislation to increase penalties for IPR crimes may help to address this problem. The United States remains concerned about inadequate protection against unfair commercial use of undisclosed test or other data generated to obtain marketing approval for pharmaceutical products, as well as a growing problem with counterfeit pharmaceutical products in Lebanon. The United States urges Lebanon to improve IPR protection and enforcement in the coming year. We will work together with Lebanon on strengthening its IPR laws and improving its enforcement regime through Lebanon's WTO accession process, a pending review under the U.S. Generalized System of Preferences, and other bilateral fora.

MALAYSIA

Malaysia will remain on the Watch List in 2009. Malaysia continues to recognize the importance of a strong IPR regime to its economic development, but we are concerned that its enforcement efforts appear to have declined in the past year. The U.S. copyright industries note a decrease in the level of attention copyright piracy received in Malaysia in 2008, particularly reflected in the markedly fewer enforcement actions taken by the Ministry of Domestic Trade and Consumer Affairs (MDTCA) than had been taken in previous years. Of particular concern is MDTCA's reported reluctance to initiate ex officio IPR raids, which are authorized under Malaysian law and had taken place frequently under prior MDTCA leadership. The United States urges Malaysian authorities to step up enforcement actions against piracy and counterfeiting as they have in the past. Also, the U.S. copyright industries reported backlogs in the adjudication of cases in the specialized IPR courts. The United States has welcomed Malaysia's establishment of these specialized courts, but strongly encourages that the Malaysian Government to provide the requisite training and resources to its prosecutors and judges to enable these courts to adjudicate cases effectively and efficiently. In addition to these enforcement issues, the United States urges Malaysia to continue its efforts to update its IPR laws, including by acceding to and fully implementing the WIPO Internet Treaties. The United States also encourages Malaysia to provide effective protection against unfair commercial use of undisclosed test or other data generated to obtain marketing approval for pharmaceutical products, and to create an effective system to prevent the issuance of marketing approvals for

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