Page:Special 301 Report 2015.pdf/76

From Wikisource
Jump to navigation Jump to search
This page has been validated.

decline in overall software piracy rates. Additionally, the Servicio Nacional de Propriedad Intelectual (SENAPI), Bolivia's IPR agency, has undertaken public awareness efforts, which have resulted in a significant increase in copyright, trademark, and patent registrations by Bolivians. Despite these positive developments, there were no reports of concrete enforcement operations against counterfeit goods in 2014. The United States encourages Bolivia to take the necessary steps to improve its poor enforcement of IPR, including by improving coordination among Bolivian enforcement authorities and with the authorities of its neighboring countries.

Brazil
Brazil remains on the Watch List in 2015. Brazil continued to improve its domestic IPR regime in 2014, working to expand IPR awareness and enforcement. This is evident, for example, in the work of the National Council on Combating Piracy and Intellectual Property Crime (CNCP), whose "Piracy-Free City" program provided training in eleven cities to help consumers identify counterfeit goods associated with the 2014 World Cup. CNCP also conducted several anti-piracy operations to target the importation of counterfeit goods. Brazilian customs and other enforcement authorities cooperated constructively with U.S. law enforcement agencies to target counterfeit goods entering the Brazilian market. Despite these very positive developments, significant concerns remain with respect to the high levels of counterfeiting and piracy in Brazil, including Internet piracy. Increased emphasis on enforcement at the tri-border region, as well as stronger deterrent penalties, are needed to make sustained progress on these IPR concerns. The National Industrial Property Institute (INPI) has taken steps to address a backlog of pending patent and trademark applications, including hiring new examiners; however, long delays still exist and additional examiners are needed. Concerns also persist with respect to Brazil's inadequate protection against unfair commercial use of undisclosed test and other data generated to obtain marketing approval for pharmaceutical and agricultural chemical products. The National Sanitary Regulatory Agency's (ANVISA) duplicative review of pharmaceutical patent applications for patentability requirements still lacks transparency and delays patent registration for innovative medicines. The United States remains concerned about multiple lawsuits filed by INPI seeking to invalidate or shorten the term of certain "mailbox" patents for pharmaceutical and agricultural chemical products. Strong IPR protection, available to both domestic and foreign rights holders alike, provides a critical incentive for businesses to invest in future innovation in Brazil. The United States looks forward to engaging constructively with Brazil in support of its work to build a strong IPR environment and to address remaining concerns.

Colombia
Colombia remains on the Watch List in 2015. In 2014, the Government of Colombia made progress on implementing the United States-Colombia Trade Promotion Agreement (CTPA), including by establishing patent term adjustment for unreasonable patent office delays and pre-established damages for trademark infringement. It also appears that Colombia has, thus far, implemented its geographical indications obligations to the EU in a manner that also is consistent

71