Guatemala
Guatemala will remain on the Watch List in 2010. Guatemala has been improving its IPR protection and enforcement frameworks in connection with CAFTA-DR. Specific improvements in 2009 included the appointment of a new IPR prosecutor and the establishment of an interagency IPR working group under the leadership of the IPR prosecutor to strengthen enforcement and inter-governmental cooperation. These improvements, fortified by a program of U.S. training for relevant officials, have contributed to an increase in enforcement actions, including raids, seizures, and prosecutions. The United States recognizes and appreciates Guatemala's efforts to date in these areas. The United States encourages Guatemala to ensure that proper resources are available for its enforcement activities, to achieve improved coordination among enforcement agencies, and to focus its enforcement efforts on manufacturers of pirated and counterfeit goods. The United States will continue to monitor Guatemala's implementation of its commitments under CAFTA-DR.
Italy
Italy will remain on the Watch List in 2010. In 2009, Italy expressed a renewed commitment to tackling IPR issues, especially with respect to Internet piracy, including by ratifying the WIPO Internet Treaties along with the other EU Member States. Copyright enforcement problems and the growth of Internet piracy remain serious challenges. One notable success was a 2009 Italian Supreme Court ruling that it is lawful to block illegal file-sharing sites. Italy also passed a law increasing criminal penalties against counterfeiters. Overall, much remains to be done to address Italy's IPR protection and enforcement deficiencies. Piracy and counterfeiting remain widespread, and industry reports growing online piracy of books and journals. The lack of an expeditious legal mechanism for right holders to address Internet piracy and a recent Data Protection Agency decision affecting a rights holders' ability to monitor peer-to-peer networks are obstacles to effectively combating this trend. The United States is hopeful that the Inter-Ministerial Committee on Internet Piracy will take prompt and concrete action to address this growing challenge. While the Finance Police and Customs Police carry out investigations and seizures, few cases reach final sentencing and courts still fail to impose deterrent sentences. The United States will continue to work with Italy to encourage a resolution to these issues.
Jamaica
Jamaica will remain on the Watch List in 2010. Jamaica's continued delay in enacting the Patents and Designs Act, which is intended to implement certain obligations under the TRIPS Agreement and the United States-Jamaica Bilateral Intellectual Property Agreement, remains an issue of concern. Positive developments in 2009 included increased enforcement activity and public awareness efforts. The United States urges the government of Jamaica to reform its patent law in accordance with international standards for patent protection.
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