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Six Removed from USTR’s List of Notorious Markets for IPR Infringing Goods

Monday, February 17, 2014
Sandler, Travis & Rosenberg Trade Report

The Office of the U.S. Trade Representative released Feb. 12 the results of its Special 301 out-of-cycle review of notorious markets for 2013. This review identifies dozens of physical and Internet marketplaces that have been the subject of enforcement actions connected with counterfeiting and piracy or that may merit further investigation for possible intellectual property rights infringements. Markets on this year’s list are hosted or located in Antigua and Barbuda, Argentina, Bulgaria, Canada, China, Colombia, the Czech Republic, Ecuador, France, India, Indonesia, Mexico, the Netherlands, Paraguay, Poland, Russia, Spain, Sweden, Thailand, Ukraine, the United Kingdom and Vietnam.

This year’s review reflects the removal of six markets due to law enforcement actions against them or actions by market operators aimed at addressing previously identified problems. However, USTR will continue to monitor these markets and others removed in previous years and could reinstate them to the list if there is a change in circumstances; e.g., a Web site that ceased to operate as a result of enforcement or other action resumes its unauthorized activities or the corrective actions that merited removal from the list prove inadequate or short-lived.

USTR notes that inclusion on the Notorious Markets 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, which is presented in the annual Special 301 report issued at the end of April. However, 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 review to pursue legal actions where appropriate.

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