Page:Special 301 Report 2012.pdf/49

 to 1992, and pending in 1996, denies adequate patent protection for a number of pharmaceutical products currently on the Norwegian market. The United States looks forward to continuing to work with Norway to address these and other issues.

Peru

Peru remains on the Watch List in 2012. Peru recently enacted a law to criminalize the sales of counterfeit medicines. However, additional work is needed to coordinate enforcement efforts under that law and to pursue prosecutions. The United States remains concerned about the widespread availability of counterfeit and pirated products in Peru in general, and notes that Peru needs to devote additional resources for IPR enforcement, to improve coordination among enforcement agencies, improve its border controls, and strengthen its judicial system. The United States encourages Peru to take steps to implement its obligations under the United States-Peru Trade Promotion Agreement regarding the government's use of unlicensed software, and likewise to take steps to implement obligations with respect to protections against piracy over the Internet. It is important for Peru to clarify its protections for biotechnologically-derived pharmaceutical products. The United States looks forward to continuing to work with Peru to address these and other issues, including through the TPP negotiations.

Philippines

The Philippines remains on the Watch List in 2012. The United States is encouraged by the significant decline in the incidence of unauthorized camcording of motion pictures in theaters that followed the enactment of the Anti-Camcording Act of 2010. Philippine officials also improved enforcement efforts, leading to the closure of at least two significant notorious markets. In addition, the Philippine Supreme Court promulgated long-awaited IPR procedural rules in 2011. The United States is hopeful that effective implementation of these rules will help streamline the judicial process for IPR cases. The United States encourages the Philippines to strengthen the criminal enforcement of IPR by improving the quality of criminal investigations and prosecutions. The Philippines should also clarify its procedures for obtaining provisional measures, including by improving predictability with respect to search and seizure orders. The United States urges the Philippines to enact long-pending legislation to amend its copyright law and ensure that it fully implements the WIPO Internet Treaties. 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 encourages the Philippines to 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 and agricultural chemical products. The United States also remains concerned about policies that inhibit U.S. exports of IPR-intensive products to the Philippines, including measures that limit the market for imported pharmaceutical products. The United States looks forward to continuing to work with the Philippines to address these and other matters.

48