Page:Special 301 Report 2014.pdf/53

 addressing enterprise end-user software piracy. The United States looks forward to continuing to work with Greece to address these and other issues.

Guatemala

Guatemala remains on the Watch List in 2014. While a number of problems remain outstanding, the United States applauds the Government of Guatemala's willingness to consider U.S. perspectives and concerns as Guatemala amended its laws and regulations relating to protections for geographical indications. Administrative authorities in Guatemala recently issued rulings on applications to register geographical indications (GIs) that appear sound and well-reasoned for compound GI names, but U.S. exporters remain concerned that rulings on single-name GIs, particularly related to dairy products, may prohibit new marketing opportunities for those products in Guatemala. On another positive note, enforcement activity increased in 2013 as compared to 2012, although it remained relatively ineffective given the scale of IPR infringement in Guatemala. Pirated and counterfeit goods continue to be widely available in Guatemala, and enforcement efforts are hampered by limited resources and the need for better coordination among all enforcement agencies. Trademark squatting is a significant concern, as administrative remedies are inadequate and relief through the courts is slow and expensive. Government use of unlicensed software is another problem that remains largely unaddressed. While the United States was encouraged by the 2011 enactment of legislation to strengthen penalties against the production and distribution of counterfeit medicines, and some enforcement efforts were initiated very recently, the United States is not aware of any successful prosecutions under the law. The United States urges Guatemala to engage with private industry and other interested parties regarding the protection and enforcement of intellectual property rights for pharmaceutical products and related legislative initiatives. The United States encourages Guatemala to sustain and further increase its enforcement efforts against the manufacture of pirated and counterfeit goods, and to take steps to improve the operation of its judicial system. The United States looks forward to continuing to work with Guatemala to address these and other matters.

Jamaica

Jamaica remains on the Watch List in 2014. The United States continues to encourage Jamaica to pass the long-awaited Patent and Designs Act. In the area of copyright, Jamaica is one of several Caribbean countries with deficiencies related to protection and enforcement. (See Section I). For several years, Jamaica has been identified by rights holders as one of the region's most problematic markets with respect to the unlicensed and uncompensated cable-casting and broadcasting of copyrighted music. Jamaica has taken steps to ensure its regulatory agencies are monitoring broadcasting entities and has pledged an open door policy to rights holders to discuss their specific IP-related concerns. However, Jamaica maintains a statutory licensing regime for the retransmission of copyrighted television programming but has not consistently enforced the payment of statutory royalties to rights holders. The United States looks forward to continuing to work with Jamaica to address these and other issues. 53