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Notorious Markets for IPR Infringement Subject of USTR Comment Request

Friday, September 20, 2013
Sandler, Travis & Rosenberg Trade Report

The Office of the U.S. Trade Representative is requesting written submissions by Oct. 11 to aid in the preparation of its 2013 Notorious Markets List. Notorious markets are Internet and physical markets outside the U.S. where counterfeit or pirated copyright products are prevalent to such a degree that they exemplify the problem of marketplaces that deal in infringing goods and help sustain global piracy and counterfeiting. The Notorious Markets List gives examples of markets that have been the subject of enforcement action or may merit further investigation for possible intellectual property infringements, or both. The list does not represent a finding of violation of law but rather is a summary of information that serves to highlight the problem. The 2012 Notorious Markets List identified more than 30 markets.

According to USTR, written comments should be as detailed as possible and clearly identify the reason or reasons why the nature or scope of activity associated with the identified market or markets exemplify the problem of marketplaces that deal in infringing goods and help sustain global piracy and counterfeiting. Information that would be particularly helpful includes location; principal owners/operators (if known); types of products sold, distributed or otherwise made available; volume of Internet traffic associated with the Web site, such as a recent Alexa ranking; any known civil or criminal enforcement activity against the market; any other efforts to remove/limit infringing materials, including the Web site’s responsiveness to notices of infringement and requests to remove or disable access to allegedly infringing material; and any other relevant information, including any other positive progress made by the operators of the market in addressing infringing activity.

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