Duplication of their Phonographs (Geneva Phonograms Convention). The United States looks forward to continuing to work with Turkmenistan on these and other issues.
Uzbekistan
Uzbekistan remains on the Watch List in 2014. The United States congratulates Uzbekistan on the long-awaited passage of legislation that resulted in withdrawal of Uzbekistan's reservation to Article 18 of the Berne Convention for the Protection of Literary and Artistic Works, which relates to the protection of works created before 2005. However, the Uzbekistani Parliament should immediately take several legislative steps to address longstanding deficiencies in IPR protection. Specifically, it should: (1) approve Uzbekistan joining the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonographs (Geneva Phonograms Convention); (2) approve Uzbekistan's accession to the WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty (WIPO Internet Treaties); and (3) take legislative action to provide adequate copyright protection for foreign sound recordings. Additionally, Uzbekistan should provide additional resources to the Agency for Intellectual Property and other enforcement agencies as well as ex officio authority to initiate investigations and enforcement actions, including at the border. Uzbekistan also lacks deterrent-level penalties for IPR infringement. The United States will continue to engage with Uzbekistan on these IPR matters.
Vietnam
Vietnam remains on the Watch List in 2014. Although Vietnam took certain steps to improve its regulatory framework in 2012 and 2013 by passing decrees and issuing circulars to strengthen copyright protection and enforcement, significant areas of concern remain. Piracy and sales of counterfeit goods over the Internet are a growing concern, and counterfeit goods also remain widely available in physical markets. In addition, book piracy, software piracy (including on government computer systems), and cable and satellite signal theft continue to be widespread. Although Vietnam took further steps to improve public awareness efforts, Vietnam has made little progress in advancing enforcement actions. Enforcement agencies continue to have capacity constraints, due in part to a lack of resources and IPR expertise, and the lack of coordination among the agencies with enforcement jurisdiction is a further complicating factor. Vietnam should clarify its 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. While Vietnam has broad laws criminalizing IPR crimes, the government has yet to draft the implementing guidelines that are necessary for law enforcement agencies and the courts to levy deterrent criminal penalties against IPR violators. The United States looks forward to continuing to work with Vietnam to address these and other issues, including in the TPP negotiations.
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