Page:Special 301 Report 2012.pdf/46

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Greece

Greece remains on the Watch List in 2012. Greece took some significant steps to improve its IPR protection and enforcement framework in 2011. Greece shut down some of the country's more notorious websites that were involved in distribution of pirated content and repealed long-standing laws that limited copyright enforcement on university grounds. In 2011, Greece established a cybercrime section at the Hellenic National Police to assist with IPR enforcement, and created a new IPR department within the Authority for the Prosecution of Financial Crimes (SDOE). The number of cases brought to trial, as well as the number and percentage of convictions that resulted in incarceration for a year or more, have increased since 2009. A law that was enacted in 2011 that provides for ex officio authority for the seizure and destruction of pirated and counterfeit goods at open-air markets appears to have led to more efficient enforcement efforts. Despite these improvements, significant concerns remain. The United States encourages Greece to continue to implement its 2009 IPR action plan. Greece should fully implement legislation and regulations regarding copyright protection and enforcement, including legislation and regulations that pertain to administrative fines for software infringement and to civil actions by rights holders concerning piracy over the Internet. In addition, Greece should expand on recent enforcement efforts to address the continuing widespread availability of pirated and counterfeit goods. Greece should also take steps to ensure that it has an effective mechanism to address piracy over the Internet. The United States continues to encourage Greece to improve its judicial system, which suffers from significant delays. The United States looks forward to continuing to work with Greece to address these and other issues.

Guatemala

Guatemala remains on the Watch List in 2012. Guatemala continued to make progress in 2011 by enacting legislation to strengthen penalties for the production and distribution of counterfeit medications. In addition, Guatemala's IPR prosecutor remained active in the past year, despite a lack of resources, and enforcement efforts resulted in a sustained level of seizures and an increase in convictions. The interagency IPR working group also remained active in working to improve coordination among IPR-related agencies, and Guatemala participated actively in training efforts. However, pirated and counterfeit goods continue to be widely available in Guatemala, and enforcement efforts are hampered by limited resources and the need for better coordination among all enforcement agencies. The United States encourages Guatemala to continue its enforcement efforts against the manufacture of pirated and counterfeit goods, and to take steps to improve its judicial system. The United States looks forward to continuing to work with Guatemala to address these and other matters.

Italy

Italy remains on the Watch List in 2012. Piracy over the Internet continues to be a serious concern in Italy. While Italy took some positive steps on IPR enforcement in 2011, these efforts

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