Page:Special 301 Report 2015.pdf/50

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to concerns expressed by foreign governments and industry on prior drafts of the law. As a result, the amendments omit a much-needed landlord liability provision, and do not provide adequate protections against the circumvention of technological protection measures and the unauthorized modification of rights management information, or address procedural obstacles to enforcement against illegal camcording. Another Copyright Act amendment, introducing an option for rights holders to obtain a court order to force online service providers to take down infringing content, has resulted in a lack of clarity in the operation of the notice-and-takedown procedures. Rights holders also express concerns regarding pending legislation imposing content quota restrictions and the unintended effects from data and cyber security laws. It will be critical for Thai authorities to engage closely with foreign governments and industry as this and other legislation takes shape. Other concerns include a backlog in pending patent applications, widespread use of unlicensed software in both the public and private sectors, growing Internet-based copyright piracy, rampant trademark counterfeiting, lengthy civil IPR proceedings and low civil damages, and extensive cable and satellite signal theft. The United States continues to encourage 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 urges 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 innovation. The United States looks forward to continuing to work with Thailand to address these and other issues.

South and Central Asia

INDIA

India remains on the Priority Watch List in 2015. The United States Government conducted an OCR of India in the autumn of 2014 to evaluate U.S.-India bilateral engagement on IPR areas of concern to the United States and U.S. stakeholders. In the course of the review, the United States concluded that the Government of India took steps that indicate that the Modi Administration is engaged and is examining key IPR issues. These steps include India's establishment of a domestic IPR-focused experts group, commitment to technical engagement on specific issues of concern, and the issuance of encouraging domestic policy pronouncements. India has continued its engagement with the United States on IPR issues of interest to both countries, including by establishing the High Level Working Group on Intellectual Property ("IPR Working Group"). The IPR Working Group, established by President Obama and Prime Minister Modi, operates under the auspices of the United States-India Trade Policy Forum, which exists to facilitate the enhancement of our overall bilateral trade relationship. In our bilateral dialogue, the United States is working with India to foster an environment that will enable India to achieve its important domestic policy goals of increasing investment and stimulating innovation through, not at the expense of, IPR protection and enforcement. Attention

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