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WATCH LIST

In reviewing the practices of our trading partners, the USTR has decided that 36 countries should be placed on the "watch list". The Administration uses the "watch list" as a means of monitoring progress in implementing commitments with regard to the protection of intellectual property rights and for providing comparable market access for U.S. intellectual property products.

Countries placed on the watch list are:

Australia: has begun to provide limited protection for test data submitted to regulatory authorities for the marketing approval of pharmaceutical and agricultural chemical products. However, in the case of marketing approval for new uses of existing products or new formulations, Australia continues to allow later applicants to free ride on the data developed and submitted by the first applicant at great expense, putting the first applicant at a competitive disadvantage. The U.S. Government is also concerned that Australia may decide to expand its current rules regarding the parallel importation of books to permit the parallel importation for sound recordings potentially, software and possibly broader coverage of books. The Australian government is studying the matter of decompilation of computer software. The U.S. Government is pleased that the Government of Australia is considering the grant of patent term extension to account for delays in the regulatory approval process for pharmaceuticals.

Bahrain: The United States recognizes that Bahrain has taken important steps to combat video piracy. The U.S. urges Bahrain to bring its copyright regime into line with its obligations under the Berne Convention and the WTO, and to increase enforcement actions against the piracy of copyrighted works of all types.

Bolivia: Bolivia is being maintained on the watch list because it has not yet taken adequate steps to combat copyright piracy and to revise its national copyright law to conform with international standards. The national treatment obligations of the TRIPS Agreement now require Bolivia to provide full copyright protection for foreign sound recordings which it currently does not. The United States recognizes recent steps taken by Bolivia to enhance IPR protection, such as establishing a special police unit to protect intellectual property. The United States also welcomes Bolivia's recently issued Supreme Decree regulating the protection of software. However we urge Bolivia to move quickly to introduce much needed anti-piracy legislation and step up enforcement actions to combat copyright piracy.

Brazil: The United States looks forward to the full implementation during 1997 of Brazil's modern patent legislation. The U.S. remains concerned that Brazil has not enacted modern intellectual property laws to protect computer software, copyright and integrated circuits. The United States will keep open the option later in 1997 of reviewing progress in enacting these laws and Brazil's special 301 listing.

Bulgaria: The Government of Bulgaria has implemented a substantial portion of its commitments