Page:Special 301 Report 2011.pdf/37

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among other things, would implement the WIPO Internet Treaties. While IPR public awareness and education has improved, enforcement efforts remain weak and non-deterrent. Piracy and counterfeiting, including illegal downloading of pirated works from the Internet, and the theft of cable and satellite signals, remain rampant in Thailand, and the motion picture industry has reported a significant increase in unauthorized camcording of motion pictures in theaters. The United States continues to encourage Thailand to engage in a meaningful and transparent manner with all relevant stakeholders, including owners of IPR, 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. The United States encourages Thailand to make progress on its IPR initiatives and looks forward to working with Thailand on these and other matters.

Venezuela

Venezuela remains on the Priority Watch List. The protection and enforcement of IPR in Venezuela continued to deteriorate in 2010. The reinstatement of the 1955 Industrial Property Law, which followed Venezuela's 2006 withdrawal from the Andean Community, eliminated protections for certain formerly patentable inventions and created uncertainty about the status of protection for trademarks registered under the Andean Community law. Additionally, copyright piracy, including piracy over the Internet, as well as trademark counterfeiting, remain widespread. On a positive note, Venezuela passed a Law on Crime and Contraband in 2010, which imposes penalties for smuggling violations and provides for the seizure of goods that infringe IPR. This includes providing 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 products. Overall, the United States urges Venezuela to make significant improvements to its regime for IPR protection and enforcement.

WATCH LIST

Belarus

Belarus remains on the Watch List. The United States continues to be concerned about the delayed implementation of the IPR commitments Belarus made under the United States-Belarus Trade Relations Agreement of 1993. Belarus took some positive steps in 2010 by amending its Law on Trademarks to protect trademarks on the Internet, and by developing a National Strategy for Intellectual Property. However, enforcement efforts continue to be weak and ineffective and counterfeit and pirated goods continue to be widely available. Belarus should provide enforcement officials with authority to effectively investigate cases, seize infringing goods, and prosecute IPR cases without waiting for a right holder to file a complaint. Furthermore, Belarusian law does not provide adequate scope for ex parte searches. The United States encourages Belarus to amend its copyright law to implement the obligations of the WIPO Internet Treaties. The Russia-Belarus-Kazakhstan Customs Union entered into force in July 2010, and the United States will be monitoring the implementation of provisions granting ex officio authority to Customs officials and the creation of a unified trademark database to determine if this results in improved protection

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