Page:Special 301 Report 2002.pdf/29

 the new Criminal Code provisions in deterring piracy and counterfeiting, due to the high burden of proof threshold. The dearth of intellectual property rights cases commenced under the new laws may reflect the impact of this procedural requirement.

KOREA

Korea has taken significant steps to strengthen its IPR enforcement and legislation. On enforcement, it has created a new special enforcement unit which it intends to provide with "police" authority, to step up its protection against software piracy. In addition, to address concerns the U.S. Government has raised about Korea's failure to implement a transparent, non-discriminatory, and sustained enforcement regime, Korea has agreed to provide the United States with detailed data on its enforcement efforts. Korea has made progress on strengthening its intellectual property legislation, addressing several U.S. concerns related to its Copyright Act and the Computer Program Protection Act. It also announced that it is preparing legislation to provide exclusive transmission rights for sound recordings and performances, which will resolve a longstanding concern. Despite these important developments, U.S. concerns remain with respect to the protection of temporary copies, technical protection measures, ISP liability, and ex parte relief, the lack of full retroactive protection for pre-existing copyrighted works, and continued counterfeiting of consumer products. Regarding issues related to the protection of pharmaceutical patents, Korea resolved questions related to its commitment to provide full protection against unfair commercial use of test data submitted for marketing approval, but the lack of coordination between Korean health and IPR authorities on drug product approvals for marketing remains problematic.

KUWAIT

The United States recognizes the recent efforts made by Kuwait to increase intellectual property protection. However, due to continuing problems with copyright piracy, Kuwait will remain on the Special 301 Watch List. Recognizing the importance of protecting intellectual property in a modern, knowledge-driven economy and mindful of the incentive that adequate protection provides for investors, Kuwait and the United States have developed a work plan outlining the initial steps that Kuwait will take to increase its efforts to reduce the high level of copyright piracy still evident in Kuwait. The work plan includes short and medium-term action to, inter alia, increase enforcement of current intellectual property laws, apply deterrent penalties, revise copyright legislation, and increase cooperation between the government and private industry. Successful implementation of the work plan will serve as a basis for future cooperation between the United States and Kuwait. The United States and Kuwait are in the process of documenting Kuwait's intention to carry out this work plan. If we are unable to complete this process satisfactorily by May 31, 2002, Kuwait will be raised to the Priority Watch List.

LATVIA