Page:Special 301 Report 2010.pdf/31

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counterfeiting of pharmaceutical products. Concerns remain over weaknesses in the IPR enforcement system, including an unreliable judicial system for IPR cases, a low number of criminal prosecutions, and non-deterrent penalties. Regulations intended to implement the Customs law amendments passed more than two years ago are still pending. Indonesia should provide effective protection against unfair commercial use, as well as unauthorized disclosure, of undisclosed test or other data generated to obtain marketing approval for pharmaceutical products. Serious market access barriers remain, including a law imposing requirements that restrict the importation of medicines by foreign pharmaceutical companies. The United States urges Indonesia to strengthen its IPR protection and enforcement regime.

Pakistan
Pakistan will remain on the Priority Watch List in 2010. There were various improvements with respect to IPR protection in 2009, including the government's recognition of IPR protection as a key area in its economic reforms, and enhanced coordination of IPR enforcement efforts. Pakistan established IPR investigation and intelligence units within the Federal Investigative Agency and Customs authorities and made progress in enforcement efforts against the manufacture of infringing optical discs. Another positive development was the establishment of an e-filing system for patent applications. However, serious concerns remain about inadequate IPR protection and enforcement. The United States continues to encourage Pakistan to provide effective protection against unfair commercial use, as well as unauthorized disclosure, of pharmaceutical test or other data generated to obtain marketing approvals for pharmaceutical products. Pakistan also lacks an effective system to address patent issues expeditiously in connection with applications to market pharmaceutical products. The United States encourages Pakistan to strengthen enforcement against book and optical disc piracy, to aggressively prosecute IPR crimes, and to seek deterrent sentences for IPR infringers. The United States will continue to monitor Pakistan's efforts to address these and other shortcomings in Pakistan's IPR protection and enforcement regime.

Thailand
Thailand will remain on the Priority Watch List in 2010 with an Out-of-Cycle Review (OCR) to be conducted this year. The United States is encouraged by the Royal Thai government's senior level commitment to stronger IPR protection and enforcement through the creation of the National Task Force, and its action plan to improve its IPR regime. Under this action plan, Thailand acceded to the Patent Cooperation Treaty, implementation of which should help to expedite patent application processing. Thailand also proposed legislation to address landlord liability for infringement, to address illegal camcording, and to enhance the authority of Thai Customs to take enforcement actions ex officio. Thailand is also considering possible amendments to its patent law, as well as amendments to its copyright law to implement the WIPO Internet Treaties. The United States looks forward to the passage and implementation of appropriate laws to strengthen IPR protection and enforcement in Thailand. In 2009, Thailand

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