Page:Special 301 Report 2013.pdf/57

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in IPR protection. Specifically, it should: (1) approve Uzbekistan joining the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonographs (Geneva Phonograms Convention); (2) approve Uzbekistan joining the WIPO Internet Treaties; (3) remove Uzbekistan's Article 18 reservation to the Berne Convention to ensure copyright protection for preexisting works; and (4) take legislative action to provide adequate copyright protection for foreign sound recordings The United States looks forward to continuing to work with Uzbekistan to address these and other issues.

Vietnam

Vietnam remains on the Watch List in 2013. Although Vietnam took certain steps to improve its regulatory framework in the last two years by passing decrees and issuing circulars to strengthen copyright protection and enforcement, significant areas of concern remain. Piracy and sales of counterfeit goods over the Internet is a growing concern, and counterfeit goods remain widely available in physical markets as well. In addition, book piracy, software piracy (including on government computer systems), and cable and satellite signal theft continue to be widespread. Although Vietnam took further steps on public awareness efforts, enforcement actions have showed little progress in 2012, with only a few criminal cases involving safety concerns prosecuted or pursued on non-IPR legal grounds, and enforcement agencies continue to have capacity constraints, due in part to a lack of resources and IPR expertise. Vietnam should clarify its system for protecting against the unfair commercial use, as well as unauthorized disclosure, of undisclosed test or other data generated to obtain marketing approval for pharmaceutical products. While Vietnam has broad laws criminalizing IPR crimes, the government has yet to draft the implementing guidelines that are necessary for law enforcement agencies and the courts to levy deterrent criminal penalties against IPR violators. The United States looks forward to continuing to work with Vietnam to address these and other issues, including in the TPP negotiations.

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