the Budapest Treaty, and to consider legislation to address unauthorized camcording. The United States also encourages Malaysia to 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, and to provide an effective system to address patent issues expeditiously in connection with applications to market pharmaceutical products. The United States will continue to work with Malaysia to make progress on these IPR issues.
Mexico
Mexico will remain on the Watch List in 2010. Mexico's enforcement efforts continue to improve, demonstrated by an increase in the number of raids, arrests, and indictments in 2009, and the imposition of the longest prison sentence on record in Mexico for an IPR violation (six and half years). Bilateral cooperation among agencies charged with intellectual property protection and enforcement is encouraging, especially among those participating in a series of training and exchange programs over the past year. However, the United States urges Mexico to increase resources devoted to protecting intellectual property and improve coordination among enforcement officials at the federal, state, and municipal levels. Concerns also remain over enforcement procedures and the inconsistent issuance of deterrent penalties. The United States welcomes Mexico's recent passage of legislation that would provide the Attorney General's office and certain Mexican enforcement officials with ex officio authority to prosecute IPR infringement. Legislation is still needed to provide ex officio authority to Customs officers. The United States has also been encouraged to learn about the steps that Mexico is taking to establish a voluntary recordation system at the border, coupled with new procedures with respect to detention of seized goods at the border. The United Sates welcomes signs that Mexico may be prepared to move forward with additional legislation to strengthen its IPR regime, including an anti-camcording law and the implementation of the WIPO Internet Treaties. The United States encourages Mexico to 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. The United States also welcomes recent efforts by Mexican authorities to improve Mexico's system to address patent issues in connection with applications to market pharmaceutical products; the existing system has generated considerable litigation and uncertainty. The United States will continue to work with Mexico to resolve IPR concerns through bilateral, regional, and other means of engagement.
Norway
Norway will remain on the Watch List in 2010. The United States continues to be concerned about the lack of product patent protection for certain pharmaceutical products. U.S. industry has expressed concerns that Norway's regulatory framework for 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 work with and encourage Norway to find a solution to this issue.
35
