Page:Special 301 Report 2009.pdf/36

 clearly provide protection for pre-existing works or sound recordings under its Copyright Law. Tajikistan's IPR enforcement regime remains weak. Criminal penalties for IPR violations are insufficient to deter infringers, and officials lack proper ex officio authority to commence criminal cases. Further, the Tajik Customs Code does not provide customs officials with ex officio authority to interdict suspected infringing materials at the border.

TURKEY

Turkey will remain on the Watch List in 2009. Enforcement efforts including notable seizures of pirated materials have increased; however, there have been significant setbacks. Applications for marketing approvals of generic pharmaceuticals have been pending before Turkish authorities for more than two years, creating uncertainty as to the status of protection of the undisclosed test or other data generated to obtain marketing approval for the pharmaceutical products involved. Additionally, following a Constitutional Court ruling in July 2008 that effectively eliminated the criminal sanctions provisions of the Trademark Law, the Government passed new legislation reinstating the penalties, but failed to meet the Court's six month deadline for doing so, thus nullifying sentences handed out in over 9,000 criminal trademark cases. The Government has vowed to retry the 9,000 cases under a different law, though this would involve lesser penalties. Book piracy also continues to be a major problem in Turkey as it is well-organized and prevalent throughout the country, and particularly acute on university campuses. Piracy of business and entertainment software continues to be significant. Turkey reportedly remains a significant source of counterfeit goods seized at the borders of nearby countries.

TURKMENISTAN

Turkmenistan will remain on the Watch List in 2009. Turkmenistan has been on the Watch List since 2000, and it has yet to fully implement its IPR commitments under the 1993 bilateral U.S.-Turkmenistan Trade Agreement (BTA). Turkmenistan is neither a member of the Berne Convention nor of the Geneva Phonograms Convention, and it has not yet signed the WIPO Internet Treaties. Although the Civil and Criminal Codes provide some degree of protection against IPR infringement, Turkmenistan has yet to adopt comprehensive procedures and penalties for IPR infringement as required under the BTA. Turkmenistan has not adopted a separate Copyright Law and consequently does not provide any protection to foreign sound recordings or preexisting works. Additionally, IPR enforcement is inadequate because the Customs Code does not provide ex officio authority to interdict suspected infringing material at the border. The United States urges Turkmenistan to join appropriate international agreements and adopt the national legal reforms that will fully implement Turkmenistan's BTA IPR commitments and to undertake enforcement activities that will help strengthen its IPR regime.

UKRAINE

Ukraine will remain on the Watch List in 2009. While Ukraine continues to make progress on IPR protection and enforcement, enforcement overall remains weak, piracy levels remain high and piracy on the Internet is growing. The transshipment of pirated and counterfeit goods, particularly optical discs produced in Russia, is a major challenge for Customs officials. Ukraine is also a major transshipment route for counterfeit products bound for other markets and