Page:Special 301 Report 2013.pdf/48

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should also take steps to grant ex officio powers to law enforcement and customs officials. An additional concern is the failure to create a specialized IPR crime unit, despite the government's announced intention to do so in 2011. Costa Rica should take concrete steps to improve its overall IPR enforcement efforts by making IPR violations a higher priority, concluding prosecutions, and imposing deterrent penalties. The United States encourages Costa Rica to take concerted efforts to resolve these longstanding issues. The United States looks forward to continuing to work with Costa Rica to address these and other issues.

Dominican Republic

The Dominican Republic remains on the Watch List in 2013. Although the United States notes some progress in enforcement against pirated goods, and participation in technical assistance activities relating to IPR protection and enforcement, substantial concerns remain, especially with respect to the widespread availability of pirated and counterfeit products. IPR enforcement agencies in the Dominican Republic continue to experience a lack of coordination, resources, and training. The United States encourages the Dominican Republic to implement its obligations with respect to providing an effective system for protecting against the unfair commercial use, as well as unauthorized disclosure, of undisclosed test or other data generated to obtain marketing approval for pharmaceutical and agricultural chemical products. It also urges the Dominican Republic to address a growing backlog of pending patent applications. The growing delays in the patent application and examination process highlight the need to fully implement CAFTA-DR obligations with respect to patent term adjustment. The United States also urges the Dominican Republic to provide an effective system to address patent issues expeditiously in connection with applications to market pharmaceutical products. The United States looks forward to continuing to work with the Dominican Republic to address these and other issues.

Ecuador

Ecuador remains on the Watch List in 2013. The United States is very concerned about a recent increase in the fees charged for applying for and maintaining patent rights and plant variety protection in Ecuador; these exorbitantly high fees create a disincentive for rights holders and negatively impact the operation of the Ecuadorian patent system. The United States is somewhat encouraged by recent enforcement efforts that led to temporary closures of stores selling pirated music and movies and to a decline in the piracy of satellite television signals. Ecuador continues to face widespread piracy and counterfeiting. The United States urges Ecuador to continue to improve its IPR enforcement efforts and to establish the specialized IPR courts required under Ecuador's 1998 IPR law. Ecuador should also further clarify its system for protecting 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 such protection for agricultural chemical products, and provide an effective system to address patent issues expeditiously in connection with applications to market pharmaceutical products. The United States looks forward to continuing to work with Ecuador to address these and other issues.

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