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Greece has not yet acted to stop motion picture, software and sound recording piracy, including widespread unauthorized broadcasts of protected films and T.V. programs by unlicensed television stations. USTR moved Greece to the priority watch list in November, 1994 and maintained this designation in 1995. In August, 1995, Greece took the potentially significant step of enacting a new Broadcast Law -- apparently with strong enforcement provisions -- which could have addressed been used to address the unauthorized broadcasting and re-transmission of U.S. programming on Greek television. However, the Greek Government has chosen not to use the new law to move against T.V. piracy. The United States will press Greece to honor its TRIPs obligation to provide for the effective enforcement of intellectual property rights and will consider available remedies if conditions warrant. An out-of-cycle review will be conducted in September.
India was a "priority foreign country" from 1991-1993. India has failed to implement its obligations under Articles 70.8 and 70.9 of TRIPs Agreement. These articles require developing countries not yet providing patent protection for pharmaceutical and agricultural chemical products to provide a "mailbox" in which to file patent applications, and the possibility of up to five years of exclusive marketing rights for these products until patent protection is provided. India has affirmed its intention to pass legislation implementing its TRIPs obligations. India established TRIPs provisions administratively (which have subsequently lapsed) and has introduced legislation but has not provided a legal basis for the filing of such patent applications for these products. As a result, the Administration will initiate formal consultations with India under WTO dispute settlement procedures in the near future. Moreover, India's industrial property laws continue to fall well short of providing adequate and effective protection. In particular, the Administration looks to India to enact and enforce modern patent and trademark legislation. India has modern copyright legislation but improvements continue to be necessary in the enforcement area.
Indonesia: Enforcement, including the imposition of deterrent penalties for computer software and book piracy, needs to be improved. In April 1995 the Indonesian Government announced an action plan to intensify its enforcement efforts against copyright piracy and to require Government Ministries to purchase only licensed software. This plan needs to be implemented fully and aggressively. U.S. owners of well-known marks encounter serious problems with trademark infringement, which also must be addressed. Although Indonesia has taken some steps this year to improve IPR protection, the efforts have not been adequate given the magnitude of the problems. Consequently, Indonesia is being elevated to the priority watch list.
Japan: Despite conclusion of two patent-related agreements in 1994, patent-related problems continue, particularly with respect to the uneven and overly narrow interpretation of patent claims in Japanese courts and concerns among American industry about patent "flooding" practices in Japan. These practices have limited the ability of U.S. patent holders in a range of industries to acquire exclusive rights comparable to those available to Japanese patent holders in the United States. [Concerns also remain about the inadequate protection of trademarks and trade secrets, as well as end-user software piracy.] The United States continues to pursue a WTO
