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 Ukraine

Ukraine is on the Priority Watch List. Ukraine made minimal progress in implementing its 2010 IPR action plan commitments, including addressing the government's use of unlicensed software, amending the copyright law, and increasing IPR enforcement. Ukraine has also done little to address counterfeiting and piracy, and in some cases took steps backwards. For example, several days after Ukrainian police took down the country's largest infringing website (ex.ua), authorities allowed the site to re-open. Likewise, the number of IP inspectors at the State Intellectual Property Service of Ukraine has been significantly reduced. While Ukrainian authorities took steps to curb the unauthorized video camcording of motion pictures in theaters, the unauthorized recording of the audio portion of motion pictures continues to be a serious concern. Enforcement efforts remain ineffective against the widespread availability of counterfeit and pirated products, many of which are transshipped through Ukraine to third countries, and customs officials continue to lack ex officio authority to interdict shipments. The United States continues to urge Ukraine to take steps to address serious concerns regarding piracy over the Internet, including by adopting proposed legislation to provide an appropriate regime for notice and takedown. The United States also continues to encourage Ukraine to improve its judicial system, which suffers from significant delays, a lack of deterrent-level sentences, and judges who lack relevant IPR expertise. The United States will continue to work with Ukraine to address these and other issues.

Venezuela

Venezuela remains on the Priority Watch List in 2012. Venezuela made some progress in 2011, notably through the seizure of a larger number of counterfeit and pirated products than in previous years and through steps to enforce the 2010 Law on Crimes and Contraband, including the penalty provisions of that law. However, serious concerns remain with respect to IPR protection and enforcement. In 2006, Venezuela withdrew from the Andean Community and subsequently reinstated the 1955 Industrial Property Law. Under the 1955 Law, protection for certain inventions patentable under the Andean Community Law was eliminated. In addition, reinstatement of the 1955 Law creates uncertainty about the status of protection for trademarks that were registered under the Andean Community law. Piracy and counterfeiting remain widespread, including piracy over the Internet, and should be addressed. Venezuela also should provide an effective system for protecting against the unfair commercial use, as well as unauthorized disclosure, of test or other data generated to obtain marketing approval for pharmaceutical products. The United States will continue to monitor Venezuela's progress on these and other issues.

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