Page:Special 301 Report 2015.pdf/74

 unreasonable administrative delays, however applications for adjustment continue to be denied at the administrative level. Additionally, the United States urges the Government of the Dominican Republic to increase transparency and predictability in protecting undisclosed test or other data generated to obtain marketing approval for pharmaceutical products against unfair commercial use and unauthorized disclosure by issuing regulations governing the process. The United States looks forward to continuing to work with the Dominican Republic to address these and other issues.

Guatemala Guatemala remains on the Watch List in 2015, as a number of problems persist. Rulings in Guatemala on applications to register geographical indications appear sound and well-reasoned for compound GI names. However, due to a ruling by administrative authorities in April 2014 on GI protection for single name cheeses, concerns arose that new U.S. exporters may not be able to export certain types of cheeses and other products to Guatemala. The United States continues to engage with the Ministry of Economy and the Intellectual Property Registry on this important issue. Despite a generally sound IPR legal framework, enforcement activities in Guatemala remain ineffective due to resource constraints and lack of coordination among law enforcement agencies. Pirated and counterfeit goods continue to be widely available, and Guatemala has become a source of counterfeit pharmaceutical products. Trademark squatting is a significant concern, impacting the ability of legitimate business to use their marks, as administrative remedies are inadequate and relief through the courts is slow and expensive. Government use of unlicensed software is another serious problem that remains largely unaddressed. The United States continues to work with Guatemala to improve IPR protection and enforcement issues.

Barbados Barbados remains on the Watch List in 2015. The United States continues to have concerns about the interception and retransmission of U.S. cable programming by local cable operators in Barbados and throughout the Caribbean region without the consent of, and without adequately compensating, U.S. rights holders. The United States also has continuing concerns about the refusal of Barbadian TV and radio broadcasters and cable and satellite operators to pay for public performances of music. (See Section I). The United States urges the Government of Barbados to take all administrative actions necessary, without undue delay, to ensure that all composers and songwriters receive the royalties they are owed for the public performance of their musical works. In one case, the local PRO won a case before the Supreme Court regarding the appropriate tariff to be paid for broadcasts of its members' music, and six years after that decision the PRO still has not received its monies because the requisite hearing at the administrative level has not yet been conducted. In addition, the United States urges the Government of Barbados to adopt modern copyright legislation that protects works in both physical and online environments and to take steps to prevent the unauthorized and uncompensated retransmission of copyrighted musical and audiovisual content. The United States looks forward to working with Barbados to resolve these issues. 69