unauthorized copies of patented pharmaceutical products. The United States will continue to work with Malaysia to make progress on these pressing IPR issues.
MEXICO
Mexico will remain on the Watch List in 2009. While overall IPR enforcement efforts improved in Mexico in 2008, particularly at the federal level, the United States encourages Mexico to increase further its enforcement efforts. The United States urges Mexico to devote greater resources to its enforcement agencies, enhance coordination among enforcement agencies–particularly between the federal, state and municipal authorities–and continue to build a consistent record of aggressive prosecutions and deterrent-level penalties imposed by courts. The United States also urges Mexico to strengthen its IPR regime by enacting legislation to: provide ex officio authority to law enforcement and customs authorities; criminalize camcording in theaters; and implement fully the WIPO Internet Treaties. The United States encourages Mexico to provide effective protection against unfair commercial use of undisclosed test or other data generated to obtain marketing approval for pharmaceutical products, and provide an effective system to prevent the issuance of marketing approvals for unauthorized copies of patented pharmaceutical products. The United States will continue to work with Mexico to address and resolve these IPR concerns.
NORWAY
Norway will remain on the Watch List in 2009. The United States continues to be concerned about the lack of product patent protection for certain pharmaceutical products. U.S. industry has expressed concern that the regulatory framework in Norway regarding process patents filed prior to 1992 and pending in 1996 denies adequate patent protection for a number of pharmaceutical products currently on the Norwegian market. The United States will continue to encourage Norway to resolve this issue.
PERU
Peru will remain on the Watch List in 2009. As a result of the U.S.-Peru Trade Promotion Agreement (PTPA), Peru enhanced its IPR legal framework significantly to strengthen IPR protection and enforcement. Nevertheless, there is inadequate enforcement carried out by enforcement agencies, due in part to the lack of resources provided to agencies. As a result, piracy rates are high and counterfeit clothing and toys continue to be easily found throughout the country at markets, street corners, and beach areas.
As part of the PTPA implementation process, Peru amended its laws and regulations to provide procedures and remedies for improved enforcement of IPR. For example, the Government reorganized the Intellectual Property Office, INDECOPI, to help expedite the hearing and granting of precautionary measures; revised its customs law and regulations to strengthen the procedures for suspending IPR infringing goods and ensuring that infringing goods are seized and destroyed absent the allowable exceptions; and put in place deterrent-level penalties for copyright and trademark infringement both in civil and criminal violations. The United States will work closely with Peru ensure the effective enforcement of its obligations under the PTPA.
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