Page:Special 301 Report 2013.pdf/43

 hopes that this court will be an effective tool for adjudicating civil IPR cases. The United States encourages Russia to harmonize its IPR regime with the regulatory principles adopted under the Customs Union established with Kazakhstan and Belarus, and to work with those countries to both ensure that those principles are executed in a manner that most effectively protects IPR and to create the required unified trademark registry.

The United States is concerned, however, by the data Russia provided on its overall enforcement of IPR. The information available indicates that enforcement has decreased in the last year, specifically that the number of criminal raids declined significantly in 2012, the number of resources devoted to IPR economic crime enforcement sharply declined over the past two years, and the initiation of criminal IPR cases also declined. While Russia notes that it has changed its methodology for reporting enforcement statistics, and that this change may exaggerate the difference over time, there remain significant obstacles to enforcement of IPR. The United States is particularly troubled by the fact that online piracy is growing in Russia and that no effective enforcement strategy has yet been launched to combat this problem.

For these reasons, the United States welcomes the fact that the Action Plan endorses action on these important issues, including increased enforcement actions against counterfeit goods, effective prosecution of persons responsible for IPR crimes including online crimes, establishment of a mechanism for appropriate ISP liability for copyright infringement, and dedication of resources and personnel to law enforcement agencies to investigate and prosecute online IPR crimes. The Action Plan also reflects a commitment to support legislation addressing online piracy. The United States is encouraged that several legislative proposals are currently being considered, and urges Russia to enact an adequate and effective ISP liability system for copyright infringement to facilitate cooperation between rights holders and ISPs and combat the growth of illegal online markets for infringing goods.

The Action Plan and joint efforts through the IPR Working Group reflect significant commitments by Russia to IPR. Effective implementation of these commitments will advance Russia's IPR protection and enforcement. The United States looks forward to its continued work with Russia on these and other matters.

Thailand

Thailand remains on the Priority Watch List in 2013. The United States is prepared to review that status if Thailand makes significant progress in passing key legislative initiatives mentioned below, and improves its overall enforcement efforts. The United States remains encouraged by Thailand's commitment to improving IPR protection and enforcement. The United States is also encouraged by the passage of the Anti-Money Laundering Act, which includes IPR offenses as a predicate crime, and the launch of the National IPR Center of Enforcement, and it is hopeful that this center will lead to improved coordination and more effective enforcement actions among enforcement agencies. U.S. rights holders continue to report good cooperation with Thai enforcement authorities, including the Royal Thai Police and Royal Thai Customs. The United States urges Thailand to complete many of the legislative initiatives begun in past years, including legislation to address landlord liability, to address unauthorized camcording of motion 42