Page:Special 301 Report 2011.pdf/36

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the Knesset that fully implement the Understanding as soon as possible. Pursuant to the Understanding, once Israel submits appropriate legislation to the Knesset regarding those matters, the United States will move Israel to the Watch List.

Separately, the United States encourages Israel to accede to and implement the WIPO Internet Treaties. Doing so would strengthen Israel's IPR regime, and would afford rights holders with additional effective enforcement remedies against infringement that occurs over the Internet.

The United States also encourages Israel to amend its copyright law to provide for statutory damages. In addition, the United State urges Israel to confirm that enterprises are criminally liable for end-user software piracy; it is currently unclear whether enterprises that engage in this activity are subject to prosecution. The United States encourages Israel to enforce judicial decisions requiring cable operators to compensate copyright holders for the unauthorized retransmissions of television broadcast signals containing their works, and to establish a fair remuneration structure for future retransmissions. The United States will continue to work with Israel to resolve these and other matters.

Pakistan

Pakistan remains on the Priority Watch List. Progress in the enforcement of IPR in 2010 included improved cooperation between the copyright industry and enforcement authorities, as well as more vigorous enforcement against optical disc and book piracy. However, widespread copyright piracy (including book piracy and piracy of software programs in enterprises), as well as trademark counterfeiting, persist. The United States encourages Pakistan to provide ex officio authority to its enforcement officials, and to provide for deterrent-level penalties for IPR violations. Further work is needed to reform Pakistan's copyright law. The United States is encouraged that Pakistan's Intellectual Property Office has endorsed reform of the Copyright Ordinance, to conform that Ordinance to international standards. In addition, the United States continues to encourage Pakistan to provide an effective system for protecting against unfair commercial use, as well as unauthorized disclosure, of undisclosed test and other data generated to obtain marketing approval for pharmaceutical products, and to provide an effective system to address patent issues expeditiously in connection with applications to market pharmaceutical products. The United States will continue to work with Pakistan on these and other issues.

Thailand

Thailand remains on the Priority Watch List. The United States is encouraged that senior level officials of the Royal Thai Government have shown a continuing commitment to improving IPR protection and enforcement. The United States is likewise encouraged that the government has implemented the Creative Economy initiative. In connection with that initiative, the government announced several public awareness and educational projects regarding IPR, and established a National Committee on Creative Economy. The United States also welcomes the formation of the Thai-U.S. Creative Partnership; intellectual property is an important component of many of the issues that this partnership will address. However, Thailand failed to make substantial progress on several key pieces of legislation that remain pending, including legislation to address landlord liability, legislation regarding unauthorized camcording of motion pictures in theaters, and legislation to provide Thai Customs officials with the authority to seize suspect goods absent a formal complaint by a rights holder. In addition, Thailand has also not enacted amendments to the Copyright Act that,

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