SPECIAL 301 SUBMISSION FOR GUATEMALA

UNCLAS GUATEMALA 000502 SIPDIS EB/IPE FOR SUSAN WILSON USTR FOR JCHOE-GROVES USDOC FOR JBOGER USPTO FOR JURBAN LOC FOR STEPP E.O. 12958: N/A TAGS: ECON ETRD GT KIPT SUBJECT: SPECIAL 301 SUBMISSION FOR GUATEMALA REF: STATE 24592 PhRMA Submission -------------- ¶1. Embassy is in daily contact with Washington agencies over efforts to resolve problems that have arisen due to the passage in December 2004 of legislation that effectively stripped data protection for pharmaceutical and agro-chemical products from Guatemalan legislation. That legislation had, until December, been a model for the region and was consistent with Guatemala's CAFTA obligations. We are working with Guatemala's executive branch and congress, and we anticipate that this issue will be resolved over the coming days. We will keep Washington posted. IIPA Does Not Recommend Listing of Guatemala -------------- ¶2. The IIPA has not petitioned that Guatemala be listed for noncompliance with its copyright and trademark obligations. The situation on the ground remains roughly the same as last year: legislation is adequate, but enforcement remains weak. We continue to work with the private sector (AmCham, IIPA member organizations, and individual IP owners and their attorneys) and the office of the Attorney General to impress upon the government the need for more effective enforcement. HAMILTON NNNN