Page:Special 301 Report 2010.pdf/43

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websites. In general, Ukraine increased enforcement actions in 2009, and the Enforcement Cooperation Group, which coordinates all IPR enforcement efforts in Ukraine, continued to meet throughout 2009. However, serious concerns remain regarding the transshipment of counterfeit and pirated goods through Ukraine and that Customs officials lack ex officio authority to effectively address such transshipment. Concerns also remain about the judicial system, which suffers from a lack of deterrent sentencing, a lack of IPR expertise, and overall inefficiencies. The United States encourages Ukraine to address its IPR protection and enforcement deficiencies.

Uzbekistan
Uzbekistan will remain on the Watch List in 2010. Uzbekistan has yet to fully implement its commitments under the 1994 U.S.-Uzbekistan Trade Agreement. Uzbekistan's copyright law does not provide protection for preexisting works for U.S. and other foreign sound recordings. Uzbekistan has not joined the Geneva Phonograms Convention. Enforcement remains weak and criminal penalties for IPR violations are not sufficient to provide a deterrent effect. Additionally, amendments are needed to provide enforcement officials, including Customs officials, with ex officio authority to initiate enforcement actions and investigations. The United States will continue to work with Uzbekistan through its WTO accession process and the ongoing review under the U.S. Generalized System of Preferences program.

Vietnam
Vietnam will remain on the Watch List in 2010. However, the United States is encouraged by recent steps that the government has taken to improve IPR protection and enforcement, including recent amendments to the IP Law, an increase in administrative fines for copyright infringement, and a continuation of efforts to address Internet piracy. An amendment to the Criminal Code was also a positive step, although some questions remain about the scope of criminal penalties, particularly for copyright infringement. Enforcement efforts appear to have been better targeted and coordinated over the past year. Of particular note were efforts that led to a large seizure of optical discs and related equipment, as well as raids of a bookstore and a printing facility suspected of producing infringing goods. However, overall enforcement efforts remain insufficient to address rampant piracy and counterfeiting. Additionally, industry reports growth in Internet piracy. There is also a need for deterrent penalties to be imposed more regularly, and enforcement agencies should consider initiating more criminal prosecutions. Positive progress made in the area of cable and satellite broadcasting over the past several years is threatened by recent sporadic pirating of content by cable providers. The United States encourages Vietnam to continue considering regulations to protect against unfair commercial use, as well as unauthorized disclosure, of undisclosed test and other data generated to obtain marketing approval for pharmaceutical products. The United States will continue to engage with Vietnam under the U.S.-Vietnam Trade and Investment Framework Agreement working group and

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