Page:Special 301 Report 2011.pdf/33

 Algeria

Algeria remains on the Priority Watch List. The United States remains deeply concerned about an Algerian law that bans numerous imported pharmaceutical products and medical devices in favor of local production. Additional matters that also give rise to concerns include the lack of protection against unfair commercial use, as well as unauthorized disclosure, of undisclosed test and other data generated to obtain marketing approval for pharmaceutical products. The pharmaceutical industry continues to express concern about the weak level of patent protection that Algeria accords. In addition, copyright piracy and trademark counterfeiting remain widespread and enforcement efforts remain insufficient. The United States will continue to work with Algeria to address these and other issues.

Argentina

Argentina remains on the Priority Watch List. The Government of Argentina has taken a number of positive and encouraging steps that the United States welcomes. Argentina stepped up its enforcement efforts in 2010, and industry continues to report encouraging cooperation with police officers regarding raids. Other positive developments include the Attorney General's issuance of new guidance on IPR crimes, which should improve coordination among enforcement agencies and lead to more aggressive treatment of criminal IPR cases. Argentina also took steps to address its patent backlog, although additional work is required. However, serious problems persist, including widespread availability of pirated and counterfeit goods, an inefficient judicial system, and a failure to adjudicate civil and criminal cases and impose deterrent level sentences. While efforts by the Argentine Center for the Administration of Photocopying Rights (CADRA) and major libraries have led to a decrease in book piracy, overall levels of copyright piracy continue to present a problem, as reflected, for example, in a reported growth in piracy over the Internet. The United States encourages Argentina to provide for protection against unfair commercial use, as well as unauthorized disclosure, of undisclosed test and other data generated to obtain marketing approvals for pharmaceutical products, and to provide an effective system to address patent issues expeditiously in connection with applications to market pharmaceutical products. The United States looks forward to continuing to work with Argentina to address these and other concerns.

Canada

Canada remains on the Priority Watch List. The United States continues to urge Canada to implement its previous commitments to improve its legal framework for IPR protection and enforcement. Unfortunately, Canadian efforts in 2010 to enact long-awaited copyright legislation were unsuccessful. The United States encourages Canada to make the enactment of copyright legislation that addresses the challenges of piracy over the Internet, including by fully implementing the WIPO Internet Treaties, a priority for its new government. The United States encourages Canada to provide for deterrent-level sentences to be imposed for IPR violations, as well as to strengthen enforcement efforts, including at the border. Canada should provide its Customs officials with ex officio authority to effectively stop the transit of counterfeit and pirated products through its territory. U.S. stakeholders have also expressed strong concerns about Canada's administrative process for reviewing the regulatory approval of pharmaceutical products, as well as limitations in Canada's trademark regime. The United States appreciates the high level of cooperation between the