effective protection of IPR. Recent measures that raise such concerns include India's Preferential Market Access (PMA) policy for electronic products and a proposed drug pricing policy, both of which appear to condition certain preferential treatment on the indigenous development of IPR.
The United States looks forward to continuing to work with India to address these and other issues.
Indonesia
Indonesia remains on the Priority Watch List in 2013. Indonesian authorities continued educational efforts to encourage IPR awareness among the public, and some rights holders reported good cooperation with enforcement authorities. The United States welcomes Indonesia's efforts in the IPR Working Group under the Trade and Investment Framework Agreement and collaboration on an action plan to improve IPR protection and enforcement against high levels of IPR infringement in Indonesia. While the United States welcomes these steps, it remains concerned about gaps in Indonesia's laws relating to the protection and enforcement of IPR, including laws relating to copyright. The United States urges Indonesia to address these issues through appropriate revisions to its law. The United States is also concerned that Indonesia's IPR enforcement efforts have not been effective in addressing challenges such as rampant piracy and counterfeiting, including growing piracy over the Internet, and the widespread availability of counterfeit pharmaceutical products. The United States urges Indonesia to take steps to address inefficiencies in its judicial and prosecutorial systems which include a lack of transparency and deterrent-level sentences. In regard to cable piracy, rights holders report some enforcement activity, and report that authorities have stated an intention to require cable operators, during the cable operator licensing process, to specify the source of the programming they transmit. While the cable licensing process should discourage cable piracy, rights holders report that the licensing process is not transparent and is proceeding at a slow pace. The United States encourages Indonesia to provide an effective system for protecting against the unfair commercial use, as well as unauthorized disclosure, of undisclosed test or other data generated to obtain marketing approval for pharmaceutical and agricultural chemical products. The United States also remains concerned about market access barriers in Indonesia, which include measures imposing requirements that restrict the importation of medicines and measures that could restrict market access for motion pictures. The United States notes with concern statements in Indonesia's Special 301 submission indicating that Indonesia failed to abide by its procedures in issuing a compulsory license decree in 2012, and that its patent law does not require individual merit review in connection with the grant of compulsory licenses. The United States further encourages Indonesia to provide for judicial or other independent review of any compulsory license authorizations. The United States looks forward to working with Indonesia on these and other matters.
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