Canadian and U.S. Governments, and looks forward to continuing engagement on these important issues.
Chile
Chile remains on the Priority Watch List. The United States welcomes the Piñera Administration's significant commitment to address outstanding IPR issues under the United States-Chile Free Trade Agreement (FTA) in 2011. Positive steps taken in 2010 include the launch of a Ministerial-level interagency committee on IPR with a mandate to examine these issues, and the implementation of the new copyright legislation. In addition, Chile ratified the Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellites (Brussels Convention) and the Trademark Law Treaty. The United States encourages Chile to take further action by acceding to, and ratifying, the International Convention for the Protection of New Varieties of Plants. The United States also encourages Chile to implement its commitment to provide an effective system to address patent issues expeditiously in connection with applications to market pharmaceutical products, to implement protections against the circumvention of technological protection measures, to implement protection for encrypted program-carrying satellite signals, and to ensure that administrative and judicial procedures and deterrent remedies are made available to rights holders. The United States also urges Chile to provide adequate protection against unfair commercial use, as well as unauthorized disclosure, of undisclosed test or other data generated to obtain marketing approvals for pharmaceutical products, and to amend its Internet service provider liability regime to permit effective action against any act of infringement of copyright and related rights. The United States commends Chile's efforts and looks forward to continued engagement with Chile to resolve these and other matters.
India
India remains on the Priority Watch List. India continued to make incremental progress in 2010 to address its IPR legislative, administrative, and enforcement issues. Improvements in 2010 included the introduction of a Copyright Amendment Bill, which may assist in addressing some aspects of the widespread piracy of copyrighted materials on the Internet. However, the bill may not fully implement the WIPO Internet Treaties. The United States encourages India to revise and enact these amendments, and to thereby bring India's copyright law into line with international standards. India has also developed a national IPR policy which should help focus the government's efforts to address widespread piracy and counterfeiting, including counterfeit medicines, effectively. Some industries also report improved cooperation with enforcement officials of certain state governments. Nevertheless, India continues to have a weak legal framework, and ineffective overall IPR enforcement persists. The United States encourages India to take action on its draft optical disc law and generally to combat widespread optical disc piracy. The United States also recommends that India improve its IPR regime by providing for stronger patent protection. Particular concerns have been raised regarding provisions of India's Patent Law that prohibit patents on certain chemical forms absent a showing of increased efficacy, thereby possibly limiting the patentability of potentially beneficial innovations, such as temperature-stable forms of a drug or new means of drug delivery. India should also take additional steps to address its patent application backlog and to streamline its patent opposition proceedings. The United States encourages India to provide an effective system for protecting against unfair commercial use, as well as unauthorized disclosure, of undisclosed test and other data generated to obtain marketing approval for pharmaceutical and agricultural chemical
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