TAJIKISTAN - SPECIAL 301 REVIEW

UNCLAS SECTION 01 OF 02 DUSHANBE 000341 SIPDIS STATE FOR EB/TPP/IPE AND SCA/CEN PASS USTR E.O. 12958: N/A TAGS: ECIN ETTC ECON ETRD PGOV EAID TI SUBJECT: TAJIKISTAN - SPECIAL 301 REVIEW REF: STATE 8410 ¶1. Summary: Post recommends that Tajikistan remain on the Special 301 Watch List in 2009. While Tajikistan has made slight progress in improving IPR legislation, it has far to go in devoting resources and political will to stopping the widespread importation and selling of pirated goods in the country. End Summary. ¶2. Overall assessment of the IPR climate: Tajikistan is a small and isolated market, distinguished by corruption at all levels of government, bureaucratic resistance to private enterprise, declining economic circumstances, and general poverty. In this situation, IPR enforcement gets little attention. It is usually cheaper to use pirated software and other products, as genuine products are difficult to find. Violators of IPR protection laws know there is little chance they will be punished. Pirated software, music, and films are the norm in Tajikistan's markets. As in many other areas of regulation and law enforcement, the Tajik authorities lack the resources, training, or will to pursue IPR violations. ¶3. The USG is assisting Tajikistan to improve IPR protection through the USAID-funded Regional Trade Liberalization and Customs Project (RTLC) in Tajikistan, which helps the Government of Tajikistan on World Trade Organization accession. The Agreement on Trade related aspects of Intellectual Property is one of the 15 agreements Tajikistan has to sign to be a member of the WTO. RTLC works with the copyright department of the Ministry of Culture and the Patent Center of Tajikistan, as well as with the Ministry of Economic Development and Trade on introduction of reforms in intellectual property and copyrights related laws and normative documents. In March of 2008 RTLC developed an action plan to bring local legislation into compliance with WTO requirements by the end of 2009. ¶4. TRIPS Implementation, FTA Implementation, and Other IP- Related Issues: Tajikistan is a signatory to the Bern Convention, but Tajikistan's copyright law does not provide protection for sound recordings or pre-existing works as required by the Bern Convention. ¶5. In 1994 Tajikistan joined the World Intellectual Property Organization, and according to the Government of Tajikistan accepts as law the following agreements: - Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations - Convention on establishment of the World Intellectual Property Organization (WIPO) - Paris Convention on Protection of the Industrial Property Madrid Agreement on International Registration of Marks - Nice Agreement of June 15, 1957, Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks - Locarno Agreement Establishing an International Classification for Industrial Designs - Agreement on Patent Cooperation Strasbourg agreement on International Patent Classification - The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure Nairobi agreement on protection of the Olympic Symbol ¶6. Data Protection: The Government of Tajikistan maintains a state pharmaceutical oversight organization to verify the safety of drugs introduced to the Tajik market. The agency is responsible for monitoring and testing all pharmaceuticals imported and produced in Tajikistan. Annually they report that they find 10-15 types of counterfeited pharmaceuticals sold in Tajikistan. In these cases they seize and destroy the medicine. Post inquired of this office about data protection; they said they did not release data from their tests. ¶7. Enforcement: The Ministry of Interior has an office to combat Intellectual Property Rights violations. The office, established in 2006, has 15 staff and lacks training and resources. The office is known to have conducted at least one enforcement action since 2006. In 2008, only one seizure of pirated media was reported in the Tajik news media, and the sellers involved quickly resumed operations. No court cases on IPR have been registered in the court system. The department of authors' rights and related rights at the Ministry of Culture of Tajikistan conducted one seminar in 2008 to explain basic IPR concepts. ¶8. Notorious Markets: Post does not believe that Tajikistan has markets which merit inclusion in this category. ¶9. Internet Piracy: There is little awareness of this issue in Tajikistan, and probably little internet piracy taking place. Tajikistan has little internet access; internet penetration of Tajik society is less than one percent. DUSHANBE 00000341 002 OF 002 ¶10. Production, Import, and Export of Counterfeit Goods: Counterfeit goods in the form of DVDs and CDs enter Tajikistan from a variety of countries. There is apparently little effort by the Government to stop such imports. Upon the request of the trademark or service mark holder, Tajik Customs officials can check the imported/exported goods to check the origin of goods. Tajikistan produces small quantities of simple medical supplies (novocaine solution, alcohol),and does not export them. ¶11. Optical Media Piracy (CDs, VCDs, DVDs): Marketing of pirated media is widespread in Tajikistan. Almost all available CDs, DVDs, and VCDs are pirated or counterfeit. It is difficult to find genuine DVDs, CDs, or VCDs in Tajikistan. ¶12. Use/Procurement of Government Software: Officially the Government of Tajikistan uses only licensed software. How completely this rule is observed throughout the country is difficult to assess. According to the survey conducted by the Civil Initiative on Internet in Tajikistan in 2007-2008, 90% of software in Tajikistan's Government and official state agencies is counterfeited or pirated. The State Budget does include provisions for legal software purchases. Virtually all software in the secondary education sector is pirated. Soft Line Company in Tajikistan, an affiliate of Russian Soft Line Company which is the licensed dealer of Microsoft, Oracle, and Casperski Anti-Virus and other software, reports that virtually all software sold by private businesses in Tajikistan is pirated. Western diplomatic missions and international organizations usually use licesned software. ¶13. Tajikistan deposited its instrument of accession to the 1996 WIPO Copyright Treaty on January 5, 2009. The Treaty will enter into force with respect to Tajikistan on April 5, 2009. However, Tajikistan has still not jointed the WIPO Performances and Phonograms Treaty (WPPT). JACOBSON