The United States plans to monitor the impact of the recently formed Russia-Belarus-Kazakhstan Customs Union on the border enforcement of IPR and on Belarus' WTO accession. The United States continues to urge Belarus to strengthen its IPR laws and to take enforcement actions against piracy and counterfeiting.
Bolivia
Bolivia will remain on the Watch List in 2010. Piracy and counterfeiting, including counterfeiting of medicines, continue to be widespread in Bolivia. There continues to be a need for significant improvements to the Bolivian IPR regime. The Bolivian copyright law should be amended to conform to international standards. Despite a notable enforcement action resulting in the seizure of more than 30 tons of counterfeit pharmaceutical products and corresponding prosecutions, substantial additional resources and a commitment by enforcement and judicial authorities are needed to improve enforcement actions against piracy and counterfeiting. The United States continues to urge Bolivia to improve its IPR protection and enforcement regimes, and to further its IPR enforcement efforts.
Brazil
Brazil will remain on the Watch List in 2010. Brazil continued to show a commitment to fighting counterfeiting and piracy and to strengthening its enforcement efforts; however, significant levels of piracy and counterfeiting continue. Affected industries report positive cooperation with law enforcement, and the National Council to Combat Piracy has issued a new action plan to combat piracy. Nevertheless, concerns remain over border enforcement and the lack of expeditious and deterrent sentences. The United States encourages Brazil to continue to improve its enforcement actions, as well as strengthen its IPR legislation by acceding to and fully implementing the WIPO Internet Treaties. The planned revision of its copyright law, expected in 2010, is a promising opportunity. Industry reports heightened concerns about Internet piracy, and book piracy also remains a concern. Patent concerns remain, including about the scope of patentability and the uncertain role of ANVISA, Brazil's sanitary regulatory agency, in examination of certain patent applications. Brazil also does not provide for the adequate protection against unfair commercial use, as well as unauthorized disclosure, of undisclosed test or other data generated to obtain marketing approval for pharmaceutical products. The United States will continue to engage with Brazil to resolve IPR concerns the U.S.-Brazil Bilateral Consultative Mechanism and other relevant bilateral fora.
Brunei
Brunei will remain on the Watch List in 2010. Brunei made notable progress in 2009. Local retailers and recording industry representatives coordinated efforts to remove pirated music from stores. Additionally, retailers and recording industry representatives cooperated in an anti-piracy campaign. There have been some improvements in prosecuting IPR infringers, demonstrated by a recent conviction in a business software case. However, retailers continue to sell pirated
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