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Notorious Markets for IPR Infringement Subject of USTR Comment Request

Thursday, September 10, 2015
Sandler, Travis & Rosenberg Trade Report

The Office of the U.S. Trade Representative is requesting written submissions by Oct. 5 to aid in the preparation of its 2015 Notorious Markets List. Notorious markets are Internet and physical markets outside the U.S., which may include foreign-trade zones, that reportedly engage in and facilitate substantial copyright piracy and trademark counterfeiting. The Notorious Markets List does not purport to reflect findings of legal violations, nor does it reflect the U.S. government’s analysis of the general IPR enforcement climate in the countries concerned.

According to USTR, written comments should be as detailed as possible and clearly identify the market and the reasons why it should be included. Commenters are strongly encouraged to include the following information.

- name and location (physical address or domain name)

- whether the market is owned, operated or otherwise affiliated with a government entity

- types of counterfeit or pirated products or services sold, traded, distributed or otherwise made available

- volume of transactions in counterfeit or pirated goods or services or other indicia of a market’s scope, scale, reach or relative significance in a given geographic area or with respect to a category of goods or services

- revenue sources for online markets (sales, subscriptions, advertising, etc.)

- estimates of economic harm to the rights holder resulting from the piracy or counterfeiting and a description of the methodology used to calculate the harm

- whether the goods or services sold, traded, distributed or made available pose a risk to public health or safety

- any known contractual, civil, administrative or criminal enforcement activity against the market and the effectiveness of that activity

- additional actions taken by the market owners or operators to remove, limit or discourage the availability of counterfeit or pirated goods or services

- any additional information relevant to the review

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