USTR Requests Comments for IPR Special 301 "Notorious Markets" List
The Office of the U.S. Trade Representative has announced its plans to begin publishing its “notorious markets” list separately from the annual Special 301 report in which it has been previously included.
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“Notorious Markets” List Consists of Examples of IPR Enforcement Actions
The notorious markets list is a compilation of examples of Internet and physical markets that have been the subject of enforcement action or that may merit further investigation for possible intellectual property rights (IPR) infringements. It does not represent a finding of violation of law, but rather is a summary of information USTR reviewed during the Special 301 process that serves to highlight the problem of marketplaces that deal in infringing goods and help sustain global piracy and counterfeiting.)
List Had Been Part of Annual Special 301 Report
The USTR has been including a notorious markets list in its annual review of the global state of intellectual property rights (IPR) protection and enforcement (Special 301 report).
Separate Publication May Facilitate Public Awareness, Guide Enforcement
The Administration’s 2010 Joint Strategic Plan on Intellectual Property Enforcement stated that USTR, in coordination with the office of the Intellectual Property Enforcement Coordinator, would initiate an interagency process to assess opportunities to further publicize and potentially expand on the notorious markets list in an effort to increase public awareness and guide related trade enforcement actions.
As a result of that discussion, USTR has concluded that it can further publicize and potentially expand on the notorious markets list by publishing the notorious market list separately from the annual Special 301 report in which it has previously been included,
following a separate, dedicated request for comments.
(See ITT’s Online Archives or 06/23/10 news, 10062362, for BP summary of the Administration’s 2010 strategic plan.)
Comments to Help Identify “Notorious Markets” Requested
The USTR is requesting written comments by November 5, 2010 to help identify potential Internet and physical notorious markets that exist outside the U.S.
According to the USTR, comments should include the following information for identifying “notorious markets and assessing their impact: location; principal owners/operators (if known); types of products sold, distributed, or otherwise made available; any known civil or criminal enforcement activity against the market; and any other efforts to remove/limit infringing materials; any positive progress made.
USTR Expects to Publish List as Soon as Practicable after Comments
USTR expects to publish the list on the earliest practicable date after receipt of public comments.
(See ITT’s Online Archives or 05/03/10 news, 10050304, for BP summary of the USTR’s 2010 Special 301 report.)
USTR contact -- Kira Alvarez (202) 395-4510
(USTR notice, FR Pub 10/01/10)