Page:Special 301 Report 1996.pdf/17

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recording piracy continues to be a significant problem. In addition, Bolivian copyright law is unclear as to the protection of software. The United States notes that the national treatment obligations of the TRIPs Agreement now require Bolivia to provide full copyright protection for sound recordings. The Administration will monitor carefully to ensure that such protection is provided. Finally, legislation has not been passed either to enact the national 1992 copyright law or to implement the Andean Pact copyright Decision 351. An "out-of-cycle" review will be conducted in September to evaluate continued antipiracy efforts in all areas as well as revisions in the copyright law that are consistent with international standards.

Bulgaria: The Government of Bulgaria has implemented a substantial portion of its commitments under an April 1995 exchange of letters by adhering to the Geneva Phonograms Convention and publishing a statement in its official gazette confirming copyright protection for U.S. and other foreign sound recordings. Another positive step was the recent passage of a decree establishing a title verification system aimed at preventing and detecting unlicensed production at the CD plants and other facilities. However, Bulgarian enforcement efforts have waned recently. As a result, exports of pirated product appear to have increased significantly. An "out-of-cycle" review will be conducted in September to ensure implementation of the title verification system and that enforcement efforts are improved. Special attention will be paid to the level of production of pirated CDs and CD-roms carrying computer software, as well as the export of illegitimate CDs and CD-roms from Bulgaria throughout the region and to other markets.

Cyprus has made progress on piracy since passage of is copyright law in January 1994. The United States will be monitoring efforts by the Government of Cyprus to continue to act aggressively against piracy of software and of video and audio recordings. The current patent regime in Cyprus is inadequate as well as inconsistent with TRIPs. We expect that the Government of Cyprus will act expeditiously to implement fully its TRIPs obligations, especially with regard to patent protection for pharmaceuticals and enforcement against piracy.

Germany: Efforts by U.S. firms to combat high levels of computer software piracy are undercut by the apparent unavailability of ex parte search and seizure procedures in civil court cases. The Administration will consider the TRIPs-consistency of this situation after establishing more definitively the unavailability of these procedures in Germany.

Honduras: The Government of Honduras has drafted and submitted to the Honduran Assembly amendments intended to address shortcomings found in Honduras' 1993 copyright law. The United States continues to work with the Government of Honduras to improve patent and trademark laws and better its enforcement, particularly through negotiations on a bilateral IPR agreement and implementation of the TRIPs Agreement.

Hong Kong has taken steps to combat the flood of pirated compact discs entering its territory from China, and to draft legislation to enable local prosecutors to pursue Hong Kong investors in pirate plants on the mainland. Despite these efforts, however, the problem is growing, as evidenced by the ubiquity of pirated CDs and software throughout Hong Kong. The United States urges the Hong