Page:Special 301 Report 2012.pdf/40

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and the circumvention of technological protection measures. While the software industry reports a decline in piracy rates in 2011 resulting from civil and criminal enforcement efforts and advances in the government's use of legitimate software, the book/journal publishing, entertainment software, motion picture and movie industries continue to face serious challenges with respect to IPR enforcement in Russia. As MVD acknowledged, the number of raids decreased significantly in 2011. The Russian police force was also reduced by 20 percent, which has significant implications for IPR enforcement efforts. Even where raids are conducted in a sustained and vigorous manner, investigation of cases, prosecutions, and criminal verdicts do not necessarily follow. The United States urges Russia's enforcement officials to increase the number of IPR-related investigations, and to seek deterrent penalties in judicial proceedings.

The United States also urges Russia to provide adequate resources and clear authority to specialized law enforcement officials within Department K of the Ministry of Internal Affairs (MVD) in order to prioritize and improve its enforcement efforts with respect to piracy over the Internet. This unit should work closely with rights holders' representatives to target and to take action against priority infringing websites.

Thailand

Thailand remains on the Priority Watch List in 2012. The United States is encouraged that Thailand's new government has affirmed its commitment to improving IPR protection and enforcement. Some U.S. rights holders report good cooperation with Thai enforcement authorities, including the Royal Thai Police and Royal Thai Customs. Thailand has also taken some steps to address its longstanding problem of piracy of cable and satellite signals, although significant concerns remain about the prevalence of this problem in Thailand. The United States remains seriously concerned about Thailand's failure to complete many of the initiatives begun in past years. Several key pieces of legislation remain pending, including legislation to address landlord liability, to address unauthorized camcording of motion pictures in theaters, to provide Thai Customs with ex officio authority, to implement provisions of the WIPO Internet Treaties, and to establish improved legal mechanisms to address the rapidly growing problem of copyright piracy and trademark counterfeiting on the Internet. The United States urges Thailand to improve its enforcement efforts and to provide for, and impose, deterrent-level sentences. Thailand should also make greater efforts to address widespread copyright piracy and trademark counterfeiting. The United States encourages Thailand to provide an effective system for protecting against the unfair commercial use, as well as unauthorized disclosure, of test or other data generated to obtain marketing approval for pharmaceutical and agricultural chemical products. The United States continues to encourage Thailand to engage in a meaningful and transparent manner with all relevant stakeholders, including IPR owners, as it considers ways to address Thailand's public health challenges, while maintaining a patent system that promotes investment, research, and innovation. In this context, the United States reiterates its support for the 2001 Doha Declaration on the TRIPS Agreement and Public Health, as described in Section I of this Report. The United States will continue to work with Thailand to address these and other matters.

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