Page:Special 301 Report 1995.pdf/12

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all types of products, including pharmaceuticals, agricultural chemicals and foodstuffs.

El Salvador: El Salvador's intellectual property rights law, passed in 1993, went into effect on June 15, 1994. The new law has been in effect for almost a year, but the Government of El Salvador has yet to promulgate implementing regulations. Enforcement of copyrights has been a significant problem. In addition, although El Salvador extends protection to trademarks through its participation in the central American Convention for the Protection of Industrial Property, trademark enforcement has been weak. The U.S. urges the Government of El Salvador to issue complete implementing regulations for the new law and enforce it effectively. The U.S. welcomes the extension of the patent term for pharmaceuticals to 20 years from filing, done as a result of the passage of Uruguay Round implementing legislation on March 9, 1995.

Guatemala: Guatemala does not adequately protect pharmaceuticals and its copyright law is deficient. The U.S. urges Guatemala to give priority to moving copyright law reform through its legislature and to offer better patent and trademark protection. The U.S. remains concerned about the interception and unauthorized retransmission of U.S. satellite-carried programming by cable and multichannel microwave distribution systems.

Indonesia: Enforcement including the imposition of deterrent penalties for computer software and book piracy needs to be improved. In 1993, the U.S. software and book publishing industry led one of the largest raids in Asia against pirates. However, the chief defendants in the case received suspended sentences. The Indonesian Government has recently announced an action plan in which it will intensify its enforcement efforts against copyright piracy and require Government Ministries to purchase only licensed software. The Government also has promised to introduce legislation in 1995 to bring Indonesia's copyright, trademark and patent laws into conformity with TRIPs. We look for the prompt enactment of these measures. U.S. firms continue to encounter problems with textile design piracy in Indonesia. An out-of-cycle review will be conducted by December 15.

Italy: The Italian Government stepped-up enforcement efforts over the past year, including several large well-publicized raids, particularly against copyright piracy. Nevertheless, losses due to piracy remain high. The major impediment to reducing video piracy has been the inadequacy of criminal penalties. Counterfeiting of trademark products and alleged deficiencies in the Italian judiciary have become growing concerns for U.S. industry. The patent "working requirement" in Italy may discriminate against products manufactured outside the European Union.