Page:Special 301 Report 2010.pdf/32

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increased IP awareness campaigns and enforcement efforts. However, piracy and counterfeiting remain widespread, and industry reports a growing challenge in the areas of Internet, cable, and signal piracy. In the pharmaceutical sector, the United States encourages Thailand to engage in a meaningful and transparent manner with all relevant stakeholders, including owners of intellectual property rights, as it considers ways to address Thailand's public health challenges while maintaining a patent system that promotes investment, research, and innovation. In addition, the United States reiterates its support for the 2001 Doha Declaration on the TRIPS Agreement and Public Health, as described in Section I of this Report. Overall, the United States encourages Thailand to continue its efforts to strengthen its IPR protection and enforcement regime, and looks forward to working with Thailand in the coming year through the OCR.

Venezuela
Venezuela will remain on the Priority Watch List in 2010. The protection and enforcement of intellectual property rights in Venezuela continued to deteriorate in 2009 following the trend witnessed in previous years. In 2006, when Venezuela withdrew from the Andean Community, it reinstated the 1955 Industrial Property Law. That version of the law prohibits patents for pharmaceuticals, foodstuffs, and other products. The reinstatement of the 1955 law also creates uncertainty as to whether trademarks previously registered under the Andean Community law will be recognized. In 2009, Venezuela revoked two pharmaceutical patents for antibiotics after a foreign company sued domestic producers of generic copies. The United States urges Venezuela to provide protection against unfair commercial use, as well as unauthorized disclosure, of undisclosed test and other data generated to obtain marketing approval for pharmaceutical products. Additionally, the United States remains concerned about widespread copyright piracy. The United States urges Venezuela to improve its IPR protection and enforcement efforts.

WATCH LIST

Belarus
Belarus will remain on the Watch List in 2010. The United States remains concerned about Belarus' delayed implementation of IPR commitments under the United States-Belarus Trade Relations Agreement. Positive steps in 2009 included Belarus' adoption of amendments to its trademark law, including amendments to provide greater protection for well-known trademarks. Amendments to the copyright law are still needed to implement obligations of the WIPO Internet Treaties. In addition, the government should take action to ensure the use of licensed software by government entities. Counterfeit and pirated goods, including pre-release films, continue to be widely available. Enforcement officials continue to lack ex officio authority to investigate, seize infringing goods, and prosecute IPR cases, and Belorussian law does not allow adequate scope for ex parte searches. Reports indicate that IPR enforcement remains largely non-existent.

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