I did have a look at the complete list and unfortunately the majority of the LA countries appear in the Watch List. I found Bolivia, Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Mexico, Peru and even a note regarding the situation of Paraguay, which is in the Monitoring List. Yet, the USTR is pleased to see the progress made by the country and it refers to a case decided in 2011 which obtained the first conviction under its new criminal laws. However, the USTR still has serious concerns regarding piracy and counterfeiting and advice the country to “intensify its customs actions and improve its cooperation with neighbouring countries Brazil and Argentina on cross-border enforcement of IPR.”
Under different headings I was looking for the LA countries and I found the following:
- Trade marks and pharmaceutical products: There is concern with the “proliferation of the manufacture, sale, and distribution of counterfeit pharmaceuticals in trading partners such as Brazil...Peru...” It noted that there is an increase in the “practice of shipping of counterfeit products separately from labels and packaging in order to evade enforcement efforts.” It gives the example of Russia but later on it refers to Paraguay informing that they do “facilitate these illegal activities by exporting label and packaging components to counterfeit and pirated product assemblers.” It also adds that other countries such as Mexico and China are used as transit of such labels.
- Piracy over the Internet and Digital Piracy It is said that the US will work in this area as to strengthen legal regimes and enhance enforcement with countries such as: Argentina, Brazil, Chile, Colombia, Mexico, and Venezuela [notice that I referring only to Latin America countries but other countries are also listed]. In this section the USTR reports that even though piracy over the Internet is replacing physical piracy, there is still production of, and trade in, CDs and DVDs and this remains as major problems in many regions such as Paraguay.
- Governmental Business software: The use of only authorized business software was also in the agenda. Paraguay and Peru appear in this heading as countries that need to adopt an “effective and transparent procedures to ensure legitimate governmental use of software.”