Page:Special 301 Report 1999.pdf/10

 standard of protection established for developing countries, and will not provide pharmaceutical patent protection until November 2000. Argentina's level of protection for intellectual property has deteriorated in certain areas over the past year. Agrochemicals, which enjoy patent protection under Argentine law, received protection of confidential test data until August 1998, when a new government regulation eliminated the 10-year exclusivity period. Further, the Argentine Government has failed to provide effective exclusive marketing rights to qualifying phannaceutical products in accordance with current TRIPS obligations. We have consistently urged the Government of Argentina to comply with its international commitments in this regard, and it has failed to respond. We therefore are requesting WTO consultations on these matters and urge the Argentine Government to bring its intellectual property regime into compliance with its WTO obligations. The passage in late 1998 of a bill criminalizing software piracy was a positive step, and we look to the Argentine Government to ensure its effective implementation and that its copyright regime meets TRIPS standards no later than January 1, 2000.

The piracy of computer software, video and audio tapes, and compact disc technologies, as well as TV piracy is widespread, although the Dominican Copyright Office has been more active during the past year in enforcing existing laws. The 1911 Patent Law provides for broad exclusions of subject matter from patentability, and includes onerous local working requirements. Current law is also inadequate with respect to term of protection. The Fernandez Government has submitted new intellectual property legislation that, as presently written, will contravene several TRIPS provisions, such as those pertaining to compulsory licenses. The Ministry of Health is still granting marketing approvals for products that infringe pharmaceutical patents. The Dominican Republic must bring its legal regime into conformity with TRIPS by January 1, 2000. As a major beneficiary of the Caribbean Basin Economic Recovery Act (CBERA) and the Generalized System of Preferences (GSP), it is incumbent upon the Government of the Dominican Republic to provide adequate and effective protection for intellectual property.


 * Egypt's patent law excludes pharmaceutical products from patentability, contains overly broad compulsory licensing provisions, and does not provide a term of protection consistent with TRIPS requirements. The government has stated its intention to delay pharmaceutical patent protection until the year 2005, availing itself of the TRIPS transitional period for certain developing countries, but it must bring its patent law into conformity with other TRIPS obligations by January 1, 2000. Although the United States is concerned about Egypt's compliance with its TRIPS obligation to provide exclusive marketing rights for pharmaceutical and agricultural chemical products, the Government of Egypt recently provided assurances that it will take the steps necessary to fully implement this obligation in the coming weeks. Copyright piracy and trademark infringement are rampant. Although police and Ministry of Culture officials have increased anti-piracy activities over the past year, enforcement of copyright and trademark laws remains inadequate. We urge the Government of Egypt to work more closely with right-holders to ensure effective enforcement of existing laws and to bring its patent regime into conformity with international obligations as soon as possible.


 * Ambassador Barshefsky today announced her intention to request WTO dispute settlement consultations with the European Union regarding its regulation concerning