apparel is also a problem: Italy is a significant supplier of counterfeit clothing and leather goods to the European market. Finally, expeditious enforcement of criminal and civil remedies in Italy against intellectual property rights violators remains insufficient and cumbersome.
Jamaica
Jamaica's intellectual property regime does not yet meet international standards. It appears that Jamaica lacks patent, industrial design, geographical indication and plant variety legislation consistent with its obligations under the TRIPS Agreement. This situation constitutes the primary obstacle to Jamaica's removal from the Watch List, and we urge the Jamaican Government to complete the process of enacting TRIPS-conforming legislation. On the other hand, Jamaica has made continual progress in the enforcement of existing intellectual property laws, including with respect to the misuse of well-known marks and unlicenced cable television re-transmissions.
Kazakhstan
Kazakhstan has several remaining steps to take to fulfill its intellectual property commitments under the 1992 U.S.-Kazakhstan Trade Agreement. In particular, Kazakhstan does not clearly provide retroactive protection for works or sound recordings under its copyright law. In addition, there is weak enforcement of intellectual property rights in Kazakhstan. However, we are encouraged that the Government of Kazakhstan has recently taken measures to educate law enforcement professionals on enforcing intellectual property laws, and it just raided and closed down a video pirating operation. New criminal penalties for intellectual property rights violations have been adopted. We question the effectiveness of the new Criminal Code provisions in deterring piracy, however, due to the high burden of proof threshold. This lack of effectiveness is evidenced by the dearth of intellectual property cases commenced under the new criminal laws.
Kuwait
Although the Government of Kuwait successfully passed a copyright law in December 1999 that comes close to complying with the provisions of the TRIPS Agreement, it has yet to introduce amendments necessary to make the law fully consistent with its obligations under the Agreement. Kuwait has also failed to pursue sustained and deterrent enforcement actions against copyright infringement, and no cases have yet resulted in a conviction and imprisonment. Piracy levels remain high, and the use of unauthorized computer software continues in private enterprises. We will continue to consult with the Government of Kuwait on passage of the necessary amendments to the 1999 Copyright Law and ensure its compliance with the TRIPS Agreement. We look to Kuwait to provide effective enforcement of its intellectual property legal regime and to ensure that the judicial system reinforces these actions with serious and consistent sentencing, including deterrent fines and penalties. We call upon Kuwait to also develop a strategy to ensure the use of only authorized computer software in private enterprises.
Latvia
Large volumes of pirated products are transshipped through Latvia from Russia and Ukraine and many pirated materials also end up in the domestic market. Unfortunately, Latvia has poor on-the-ground enforcement to combat this piracy, but efforts are underway, with the assistance of
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