the prosecution of IPR infringers, judicial inefficiency, and a failure to impose deterrent sentences. Additionally, some Romanian judges continue to dismiss IPR cases for a "lack of social harm." However, the United States is encouraged by recent convictions against companies for business software piracy, and by the indictment of a company and website administrator for enabling infringement on a peer-to-peer network. The United States will continue to work with Romania to improve its IPR protection and enforcement efforts and encourages Romania to consult with all relevant stakeholders, including rights holders, as it explores reforming its copyright law.
Spain
Spain will remain on the Watch List in 2010. The United States remains concerned about particularly significant Internet piracy in Spain, and strongly urges prompt and effective action to address the issue. The Spanish government has not amended portions of a 2006 Prosecutor General Circular that appears to decriminalize illegal peer-to-peer file sharing of infringing materials, contributing to a public misperception in Spain that such activity is lawful. Spain's existing legal and regulatory framework has not led to cooperation between Internet service providers (ISPs) and rights holders to reduce online piracy. On the contrary, rights holders in Spain report an inability to obtain information necessary to prosecute online IPR infringers, further reducing their ability to seek appropriate remedies. Spain's legal system also generally does not result in criminal penalties for intellectual property infringement. The United States is encouraged by some recent positive developments in Spain, including the establishment of an Inter-Ministerial Commission with a mandate to propose changes in Spanish law and policy that will strengthen efforts to reduce Internet piracy. In January 2010, the Commission proposed legislation that would allow a committee based in the Ministry of Culture to request that an ISP block access to infringing materials hosted online. The United States urges Spain to continue taking positive steps to address Internet piracy, and will closely monitor progress in the next year.
Tajikistan
Tajikistan will remain on the Watch List in 2010. Tajikistan has yet to fully implement its IPR commitments under the 1993 U.S.-Tajikistan Trade Agreement. Tajikistan made progress in 2009 by acceding to the WIPO Copyright Treaty and by amending its Administrative Code in an effort to implement Article 18 of the Berne Convention to provide protection for certain preexisting works. The United States encourages the Ministry of Culture to continue working towards accession to the WIPO Performances and Phonograms Treaty in 2010. Tajikistan does not provide protection for U.S. and other foreign sound recordings, and concerns remain over the lack of proper ex officio authority for criminal and border enforcement, and over insufficient criminal penalties for IPR infringement. The United States will continue to work with Tajikistan on these matters.
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