Page:Special 301 Report 2011.pdf/45

 Philippines

The Philippines remains on the Watch List. The United States recognizes that in 2010 the Philippines took the important step of enacting legislation to address unauthorized camcording of motion pictures in theaters, and encourages the Philippines to enforce this new law effectively in order to deter the theft of motion pictures. However, despite an increase in enforcement efforts, pirated and counterfeit goods remain widely available in the Philippines. The Philippines should also enact legislation to amend its copyright law, which has been pending for many years. That legislation would, among other things, implement the WIPO Internet Treaties. The United States also encourages the Philippines to take steps to implement its 2011 IPR action plan. While additional efforts have been made to improve coordination among enforcement officials and to strengthen enforcement powers, the judicial system remains inefficient, with very few criminal IPR cases resulting in convictions over the last decade. In addition, the judiciary's decisions with respect to provisional measures, in particular on whether to maintain or revoke search and seizure orders, have not been predictable. The United States encourages the Philippines to continue efforts to reform its judicial system, including by designating particular courts to adjudicate civil and criminal IPR cases, and by promulgating specialized IPR procedural rules that would streamline the judicial process for IPR cases. The United States remains concerned about amendments to the Patent Law that limit the patentability of certain chemical forms unless the applicant demonstrates increased efficacy. The United States urges the Philippines to make progress in the short term to address these and other matters.

Romania

Romania remains on the Watch List. Romania took some positive steps in 2010 by disseminating manuals on addressing software piracy and by issuing instructions for interagency cooperation. Romanian officials have also actively participated in IPR training programs. However, the United States is concerned by an apparent decrease in commitment to IPR enforcement in Romania, reflected for example in reduced cooperation among enforcement authorities, decreased cooperation of police and prosecutors with rights holders, and a decrease in the number of enforcement actions. These developments may have resulted both from budgetary factors and from amendments to the criminal procedure code. Moreover, while the availability of infringing optical discs has decreased, piracy over the Internet, especially peer-to-peer downloading, continues to increase, and enforcement efforts have not addressed the problem effectively. The United States will monitor the effects of recent changes to the Penal Code which, among other things, provide for IPR cases to be adjudicated in lower-level courts, whose judges and prosecutors have much less IPR expertise. There is concern that this could have a negative impact on prosecutions and sentencing in IPR cases. The United States urges Romania to take steps to address judicial delays and the lack of deterrent-level sentences. The United States will continue to work with Romania to address these and other concerns.

Spain

Spain remains on the Watch List. The United States welcomes the recent passage of legislation that will provide a mechanism for rights holders to remove or block access to infringing content online. Spain has demonstrated a serious commitment to addressing piracy over the Internet with this initiative. The United States will monitor implementation of the legislation and urges Spain to