Page:Special 301 Report 2005.pdf/61

 In January 2005, a man in Hong Kong was arrested by the Customs and Excise Department for uploading three U.S. movies to the Internet. The Customs and Excise Department has set up a joint task force with copyright industry representatives and Internet service providers to track down on-line pirates engaged in unauthorized file-sharing.

Korean courts in January 2005 issued five rulings on the unauthorized use of sound recordings by online music providers that resulted in fines and prison terms for online operators, stemming from violations of sound recording producers' reproduction rights. A judge ruled in one case that three users who downloaded and shared music files from the music site Soribada were liable for infringement of reproduction rights under the Copyright Act, thus marking the first time a Korean court has held users liable for P2P file sharing.

In January 2005, Korea revised its Copyright Act by granting sound recording producers and performers certain exclusive transmission rights. It also issued interpretations of the new legislation that may help the music industry in its legal battles against downloading, uploading, and exchanging computer files of sound recordings without the permission of rights holders.

In January 2005, Singapore's amended copyright law came into force, addressing a number of the legal reforms required for compliance with the US-Singapore Free Trade Agreement.

In January 2005, Taiwan's legislature approved a bill to prevent unfair commercial use of pharmaceutical test data for new drugs for a period of five years.

In January 2005, a special unit in charge of IPR-related issues was created within Uruguay's Organized Crime and Intelligence Branch of the police.

In January 2005, the Government of Australia entered into force the U.S.-Australia Free Trade Agreement under which it introduced a range of amendments to Australia's Copyright Act 1968 and committed itself to ratifying certain international intellectual property agreements such as the two WIPO Internet Treaties (WCT and WPPT). These amendments included: 1) new rights--both economic and moral--for performers in sound recordings and live performances; 2) extension of protection for most copyright material from 50 to 70 years after the death of the author; 3) greater use of criminal law, in addition to civil remedies, to enforce copyright; 4) increasing prohibitions to the non-commercial use of infringing material; 5) increased liability for end-users and consumer; and 6) broader protection for electronic rights management information.

In January 2005, Paraguay's new patent law (originally passed in 2000) came into force. The new law provides for the granting of pharmaceutical product patents and the Government of Paraguay hired and has been training two patent examiners to implement the law. The GOP also introduced legislation in late 2004 to increase prison terms for piracy and falsification.

In January 2005, Vietnam's Ministry of Home Affairs approved establishment of the Vietnam Anticounterfeit and Intellectual Property Protection Association of Foreign-Invested Enterprises (VACIP). This organization will serve as a forum for foreign invested enterprises to share experiences and strategies to deal with counterfeiting and piracy issues in Vietnam.