Page:Special 301 Report 2012.pdf/51

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trademark-related cases has caused uncertainty with respect to the protection of the trademarks at issue in those cases, and that the Government has failed to take effective action to address that concern. The United States continues to encourage Turkey to clarify its protection against the unfair commercial use, as well as unauthorized disclosure, of test and other data generated to obtain marketing approval for pharmaceutical products. The United States looks forward to continuing to work with Turkey to address these and other issues.

Turkmenistan

Turkmenistan remains on the Watch List in 2012. Turkmenistan made progress by adopting a Law on Copyright and Allied Rights and by amending its Civil Code to enhance IPR protection. However, Turkmenistan should implement its commitments under the 1993 United States-Turkmenistan Trade Agreement, and there continues to be a need for more comprehensive administrative, civil, and criminal procedures for adjudicating IPR cases. Turkmenistan should also provide ex officio authority to its customs officials. In addition, the United States continues to encourage Turkmenistan to join the Berne Convention on the Protection of Literary and Artistic Works and the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonographs (Geneva Phonograms Convention). The United States looks forward to continuing to work with Turkmenistan to address these and other matters.

Uzbekistan

Uzbekistan remains on the Watch List in 2012. In 2011, Uzbekistan established a new Agency for Intellectual Property to improve the enforcement of IPR laws. Uzbekistan should ensure that this new agency has the necessary tools and resources to follow its mandate effectively. Concerns remain regarding the lack of copyright protection for preexisting works and for U.S. and foreign sound recordings. Uzbekistan should join the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonographs (Geneva Phonograms Convention) and the WIPO Internet Treaties. Uzbekistan should also increase penalties for IPR violations and ensure that its law enforcement authorities have ex officio authority to initiate investigations and enforcement actions. The United States looks forward to continuing to work with Uzbekistan to address these and other matters.

Vietnam

Vietnam remains on the Watch List in 2012. Vietnam improved its regulatory framework in 2011 by passing decrees to strengthen copyright protection and border enforcement. Vietnam also took steps to resolve longstanding concerns with respect to signal theft by state-owned TV enterprises; it should build on this momentum to address other concerns with respect to cable and satellite signal theft. Although Vietnam continued to undertake enforcement efforts in 2011, including conducting significant raids to combat book piracy, but widespread piracy and counterfeiting remain a serious concern. Piracy over the Internet is a growing concern, and

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