Page:Special 301 Report 2011.pdf/43

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Lebanon

Lebanon remains on the Watch List. Lebanon continued working to improve its IPR legislative framework in 2010. Lebanon's parliament ratified the WIPO Internet Treaties, and began work on amendments to the Patent Law 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 products. In the fall of 2011, the Judicial Training Institute will, for the first time, include IPR courses in its training program for new judges. The United States hopes this will help increase judicial awareness of the importance of effective protection and enforcement of IPR. However, several other necessary legislative measures concerning IPR remain pending. Although the Cyber Crime and Intellectual Property Rights Bureau of the police department tried to improve its enforcement efforts, the Bureau still lacks ex officio authority. A rights holder must file a complaint before the Bureau may initiate a criminal investigation, and this presents a hurdle to effective IPR enforcement. Rights holders continue to assert that more effort is necessary to combat piracy and counterfeiting effectively, including counterfeiting of medicines. The United States will continue to work with Lebanon to address these and other matters.

Malaysia

Malaysia remains on the Watch List. Malaysia continues to make positive progress with respect to the protection and enforcement of IPR. In 2010, Malaysia introduced amendments to its copyright law that intended to, among other things, implement the WIPO Internet Treaties and prohibit unauthorized camcording of motion pictures in theaters. In addition, the Ministry of Domestic Trade, Cooperatives, and Consumerism (MDTCC) offered more cooperation with, and was more responsive to, rights holders on matters pertaining to IPR enforcement. MDTCC revived its Special Anti-Piracy Taskforce, which led to more effective enforcement efforts. The MDTCC also instructed its enforcement division to begin to take ex officio action in 2010, resulting in significant seizures of pirated products. The United States is encouraged by Malaysia's establishment of specialized IPR courts, and by the training on IPR that Malaysia has provided to prosecutors. Nonetheless, enforcement efforts are hampered by a lack of follow-up investigations and effective prosecutions. Pirated and counterfeit products continue to be widely available in Malaysia, and book piracy remains a significant problem. Industry also reports an increase in piracy over the Internet. The United States encourages Malaysia to provide an effective system to address patent issues expeditiously in connection with applications for marketing of pharmaceutical products, and to address continuing concerns regarding Malaysia's 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 looks forward to working with Malaysia to make progress on these and other issues.

Mexico

Mexico remains on the Watch List. Overall, Mexico continued to make progress in its IPR enforcement efforts in 2010, although piracy and counterfeiting rates remain high. Following recent leadership changes in several key agencies, the United States encourages Mexico to sustain positive momentum. Progress in 2010 was reflected in a record number of convictions for IPR violations, including Mexico's first conviction for unauthorized camcording of motion pictures in theaters. The

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