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Canada

USTR is moving Canada to the Watch List in 2013. In June 2012, the United States welcomed the passage of the Copyright Modernization Act, which, among other things, is designed to implement Canada's obligations under the WIPO Internet Treaties and to address the challenges of copyright piracy in the digital age. In March 2013, Canada also introduced the Combating Counterfeit Products Act to strengthen IPR enforcement, which included provisions that would provide ex officio authority to Canadian customs officials to seize pirated and counterfeit goods at the border. The United States supports Canada's commitment to address the serious problem of pirated and counterfeit goods entering our highly integrated supply chains and urges Canada to expand the legislation to also provide authority for its customs officials to take action against goods in-transit. With respect to pharmaceuticals, the United States continues to have serious concerns about the availability of rights of appeal in Canada's administrative process for reviewing regulatory approval of pharmaceutical products and also has serious concerns about the impact of the heightened utility requirements for patents that Canadian courts have been adopting recently. The United States looks forward to continuing its close cooperation with Canada on IPR issues, including through the TPP negotiations.

Colombia

Colombia remains on the Watch List in 2013. The United States continues to engage extensively with Colombia as it implements the United States-Colombia Trade Promotion Agreement (TPA). The United States applauds Colombia on its accession to the Madrid Protocol and the Trademark Law Treaty in 2012. Colombia also strengthened its enforcement operations through improved internal coordination of enforcement agencies. Colombia has taken significant steps to reduce its backlog of pending patent applications. The United States urges Colombia to swiftly pass key pieces of currently pending IPR legislation in connection with the implementation of that agreement. Concerns remain with an overall lack of adequate resources and training for enforcement officials. The United States will continue to work with Colombia on the implementation of TPA obligations regarding protections against piracy over the Internet, which is a growing problem in Colombia. Colombia should also take steps to address its continuing problem with optical disc piracy. The United States looks forward to continuing its engagement with Colombia to address these and other matters.

Costa Rica

Costa Rica remains on the Watch List in 2013. Costa Rica made initial progress in processing patent applications by adding examiners and achieving a reduction in the average time required to review patent applications. Nevertheless, significant concerns remain on IPR matters. Despite the need to implement a CAFTA-DR obligation to ensure that the software used by the government is legitimate, substantial progress on that front has not yet been realized. While the United States is aware of a recent measure intended to address this issue, it looks forward to confirming effective and timely implementation of the new measure later this year. Costa Rica

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