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Annual Review of Notorious Markets for IPR Infringing Goods Finds Progress

Thursday, December 22, 2011
Sandler, Travis & Rosenberg Trade Report

The Office of the U.S. Trade Representative issued Dec. 20 an annual report identifying examples of both Internet and physical marketplaces that have been the subject of enforcement action connected with counterfeiting and piracy or that may merit further investigation for possible intellectual property rights infringements. This Notorious Markets List includes more than 30 markets, a significant number of which are reportedly located in China and Eastern Europe, but does not constitute an exhaustive list of such markets around the world. USTR notes that inclusion on this list does not reflect a finding of a violation of law or the U.S. government’s analysis of the general IPR protection and enforcement climate in the country concerned but that the U.S. does urge responsible authorities to intensify efforts to combat piracy and counterfeiting in these and similar markets and to use the information contained in this list to pursue legal actions where appropriate.

According to USTR, the current Notorious Markets List also highlights positive developments since the issuance of the previous list in February 2011. For example, Chinese site Baidu, one of the world’s most visited sites and previously identified as an example of a site linking to infringing content, entered into a licensing agreement with U.S. and other rights holders in the recording industry. Hong Kong customs officials took action to remove allegedly infringing goods from the premises of the Ladies Market, and management at the Savelovskiy Market in Russia implemented a plan to stop the distribution of infringing goods. All three of these markets have been removed from the list.

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