Page:Special 301 Report 2012.pdf/50

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Romania

Romania remains on the Watch List in 2012. U.S. industry reports positive cooperation with Romanian enforcement officials and among enforcement agencies, evidenced by the taking down of 164 infringing websites. Romania should, however, ensure that authorities have the proper resources and training to address the country's high rates of piracy and counterfeiting effectively. The United States urges Romania to prioritize IPR protection and enforcement. Piracy over the Internet remains a serious concern, and more enforcement efforts are needed to address the problem. Judicial delays and a lack of deterrent-level sentencing also remain a problem. The United States looks forward to continuing to work with Romania to address these and other issues.

Tajikistan

Tajikistan remains on the Watch List in 2012. The United States congratulates Tajikistan on completing accession to the WIPO Performances and Phonograms Treaty, which provides for protection of U.S. and other foreign sound recordings in Tajikistan. This step resolves a longstanding concern for U.S. rights holders. Tajikistan also took steps to implement the Berne Convention for the Protection of Literary and Artistic Works, and has introduced legislation to provide an effective 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. However, Tajikistan should implement its commitments under the 1993 United States-Tajikistan Trade Agreement. Additional concerns remain, including with respect to the lack of ex officio authority for border and criminal enforcement officials, and regarding the need for more prosecutions of criminal IPR infringement. The United States looks forward to continuing to work with Tajikistan on these and other matters.

Turkey

Turkey remains on the Watch List in 2012. There have been some improvements, including enhanced coordination among some enforcement agencies, discussions between the government and the private sector on IPR matters, and more training opportunities for IPR officials. However, Turkey's overall IPR protection and enforcement climate presents concerns for rights holders. Piracy and counterfeiting remain widespread in Turkey, including increasing levels of piracy over the Internet. Turkey should take action on the legislative reforms that are currently pending, and should take steps to provide an effective mechanism to address piracy in the digital environment, including full implementation of the WIPO Internet Treaties. Additional resources and training are needed to allow for more effective IPR enforcement efforts, including additional training for judges, especially with respect to piracy over the Internet. U.S. rights holders continue to raise serious concerns regarding the export from, and transshipment through, Turkey of counterfeit and pirated products. Additionally, they raise concerns that a lack of regulatory transparency and predictability for pharmaceutical products minimizes market access. U.S. industry also continues to report that the 2008 Constitutional Court dismissal of several

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