Page:Special 301 Report 2013.pdf/54

 implement obligations with respect to protections against piracy over the Internet, which continues to be a growing problem. Peru also needs 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 2013, subject to further review if the Philippines continues to make progress in key areas. The United States recognizes the efforts and achievements of high level IPR officials and legislators in strengthening the protection and enforcement of IPR in the Philippines. The United States looks forward to continued engagement in the coming year. In early 2013, the Philippines brought to a close a longstanding legislative effort to modernize its copyright and IPR enforcement regimes consistent with the WIPO Internet Treaties. That legislation also took the important step of providing ex officio authority to customs officers. The United States looks forward to the adoption of implementing regulations that will further strengthen and clarify the law, especially as to the circumvention of technological protection measures. The United States looks to the Philippines to take important steps to address piracy over the Internet, in particular with respect to notorious online markets. The United States applauds the Philippines on its accession to the Madrid Protocol. The United States is encouraged by IPR enforcement efforts generally in the Philippines and by the continuing drop in the incidence of unauthorized camcording of motion pictures in theaters. While the United States is hopeful that implementation of the 2011 Supreme Court IPR procedural rules will lead to a more efficient judicial process for IPR cases, the United States remains concerned about the need to strengthen criminal enforcement of IPR and to improve predictability with respect to search and seizure orders. The United States also 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 undisclosed test or other data generated to obtain marketing approval for pharmaceutical and agricultural chemical products. The United States looks forward to continuing to work with the Philippines to address these and other issues.

Romania

Romania remains on the Watch List in 2013. The United States is encouraged by the continuing positive cooperation between Romanian enforcement officials and industry representatives and the increase in cases brought against IPR violators. However, Romania should devote the necessary resources and training for authorities to effectively address the continuing problems of piracy and counterfeiting. The United States continues to urge Romania to prioritize IPR protection and enforcement, and to take steps to address concerns over judicial delays and a lack of deterrent-level sentencing. Piracy over the Internet remains a serious concern, and more 53