Page:Special 301 Report 2011.pdf/44

 2010 enactment of legislation granting ex officio authority to Mexico's law enforcement officials was also positive, although the United States continues to encourage Mexico to provide its Customs officials with ex officio authority. There was also an increase in the number of prosecutions and deterrent-level sentences, although not all IPR violations are prosecuted in a uniform, consistent manner. Cooperation among enforcement officials has continued to improve, but coordination at the federal, state and municipal levels remains weak. The United States continues to encourage Mexico to increase resources devoted to prosecuting IPR violations and to improve enforcement efforts at the border. The United States recommends that Mexico enact legislation to strengthen its copyright regime, including by implementing the WIPO Internet Treaties and by providing stronger protection measures against unauthorized camcording of motion pictures in theaters. The United States also recommends that Mexico provide protection against unfair commercial use, as well as unauthorized disclosure, of undisclosed test or other data generated to obtain marketing approval for pharmaceutical products. Furthermore, in light of a January 2010 Supreme Court decision interpreting Mexico's Linkage Decree, the United States also recommends that Mexico clarify its system for addressing patent infringement allegations during the pendency of a related application for marketing approval of a pharmaceutical product. The United States looks forward to continuing to work with Mexico to address these and other issues.

Norway

Norway remains on the Watch List. The United States is encouraged by a proposed amendment to the Norwegian copyright law providing for the blocking of downloading and streaming sites, as well as the use of formal guidelines for warning letters. The United States continues to be concerned about the lack of product patent protection for certain pharmaceutical products. U.S. industry has expressed concerns that Norway's regulatory framework for process patents filed prior to 1992, and pending in 1996, denies adequate patent protection for a number of pharmaceutical products currently on the Norwegian market. The United States will continue to work with Norway to address this IPR concern. The United States will continue to work with Norway to address these and other matters.

Peru

Peru remains on the Watch List. Peru continued implementing its National Strategic Plan to combat counterfeiting and piracy. Peru also improved its enforcement efforts in 2010, including through action by its tax authority and its intellectual property office that led to significant raids and seizures at ports and at some of the largest and most well-known markets in Peru. However, additional resources are needed to expand on these enforcement efforts, and Peru should improve its border controls and judicial system. Peru should increase its efforts to prevent the government's use of unlicensed software as provided for under the United States-Peru Trade Promotion Agreement. Industry reports some possible improvements in Peru's system for protecting undisclosed test or other data submitted to obtain marketing approval for agricultural chemical products. However, the United States is concerned by recent developments in the protection of patents in Peru, and encourages Peru to clarify its protections for biotechnologically-derived pharmaceutical products. The United States looks forward to continuing to engage with Peru on these and other issues.