Furthermore, the United States is quite concerned about the November 2001 announcement by the Ministry of Health that it would issue marketing approval for pharmaceuticals without regard to whether a patented version already exists. Marketing approvals for many patented drugs have already been issued, seriously undermining the rights of patent holders. Patent approval also remains slow, with time for approval averaging over four years. The United States urges Chile to strengthen its enforcement efforts, and enact legislation to fully comply with TRIPS obligations including by providing adequate protection of confidential data and an effective linkage between the health and patent authorities.
COSTA RICA
Costa Rica has taken important steps since late 2001 to develop a concerted government strategy for improving the enforcement of intellectual property rights. In addition to other positive measures, Costa Rica has appointed specialized prosecutors, intensified training activities for officials involved in enforcement, and implemented a decree focused on legitimizing software used by government agencies. The United States is recognizing this progress by moving Costa Rica from the Priority Watch List to the Watch List. Nonetheless, it is essential that the recent initiatives be fully and expeditiously implemented and that progress continue. Key indications of continuing improvement will be: passage of legislative proposals to correct remaining deficiencies in the criminal procedures laws and the intellectual property laws, including deficiencies in the data exclusivity provisions; more prosecutions of IPR offenders, perhaps facilitated by the establishment of a dedicated IPR unit within the Prosecutor's Office; and vigorous enforcement efforts to reduce continuing high piracy levels, such as closure of retail stores that rent or sell pirated products. In addition, the United States urges Costa Rica to ensure that its new government software legalization decree is implemented on schedule and in a technologically-neutral manner. The United States will conduct an out-of-cycle review of these issues to ensure that recent progress is sustained.
GREECE
Although Greece resolved the WTO TV broadcasting case with the United States last year, optical disk piracy and unauthorized book photocopying remain persistent problems. The United States is encouraged by an increase in police and border enforcement efforts, particularly with respect to business software. However, among European Union member states, Greece continues to have some of the highest piracy rates of music CDs, entertainment software, and business software. The lack of deterrent penalties imposed on pirates and inefficient judicial action hamper Greece's ability to reduce its piracy rates. The use of unauthorized computer software in government offices also remains a problem. Patent protection for pharmaceuticals remains inadequate as data exclusivity is linked directly to the length of patents, rather than being protected in its own right. The United States urges Greece to pursue sustained and deterrent enforcement actions, to ensure that government entities use only authorized software, and to improve its protection of pharmaceuticals as required by international obligations.
27
