Page:Special 301 Report 2011.pdf/46

 ensure that it addresses all forms of piracy over the Internet and that it provides for the swift removal of infringing content. The United States also urges Spain to continue to work to address additional concerns about piracy over the Internet, including the inability of rights holders to obtain identifying information necessary to prosecute online IPR infringers. Additionally, a 2006 Prosecutor General Circular that appears to decriminalize illegal peer-to-peer file sharing of infringing materials remains of concern. Delays in the adjudication of cases are common within Spain's judicial system, and judges do not appear to impose criminal penalties for IPR infringement crimes. The United States looks forward to continuing to work with Spain to address these and other concerns.

Tajikistan

Tajikistan remains on the Watch List. Tajikistan made progress in 2010 by ratifying the WIPO Performances and Phonograms Treaty. Once Tajikistan accedes to that treaty, U.S. and other foreign sound recordings may enjoy protection in Tajikistan. The United States encourages the Ministry of Foreign Affairs to complete its accession to the treaty in 2011. However, Tajikistan has yet to fully implement its IPR commitments under the 1993 United States-Tajikistan Trade Agreement. Additionally, concerns persist because, among other things, Tajikistan has not provided its authorities with ex officio authority in the area of border and criminal enforcement. The United States will continue to work with Tajikistan on these and other matters.

Turkey

Turkey remains on the Watch List. Turkey made progress in 2010 by establishing specialized IPR courts in three major cities, by increasing public awareness of IPR issues, and by undertaking IPR training initiatives. However, the United States urges Turkey to do more. Counterfeiting and piracy remain widespread, including piracy of books and of entertainment and business software, and there has been a reported increase in piracy over the Internet. While has Turkey ratified several international IPR treaties, such as the WIPO Internet Treaties in 2009, it should enact many legislative reforms in order to ensure strong protection and enforcement of IPR. Turkey's IPR enforcement efforts are increasing, and the United States encourages Turkey to improve interagency coordination and to provide additional training for judges on IPR laws and principles. U.S. industry continues to raise serious concerns regarding the export from, and transshipment through, Turkey of counterfeit and pirated products. There are reports that the Constitutional Court's dismissal of several trademark-related cases in 2008 has caused uncertainty with respect to the protection of the trademarks at issue in those cases. The United States encourages Turkey to clarify its protection against unfair commercial use, as well as unauthorized disclosure, of undisclosed test or other data generated to obtain marketing approvals for pharmaceutical products. The United States will continue to work cooperatively with Turkey on these and other matters.

Turkmenistan

Turkmenistan remains on the Watch List. The United States is encouraged by the Parliament's recent announcements that Turkmenistan plans to join the Berne Convention 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) in 2011. Reports that Turkmenistan plans to enact a new copyright law in 2011 are likewise positive. However, Turkmenistan has yet to implement fully the IPR provisions of the 1993 United