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Notorious Markets for IPR Infringement Subject of USTR Comment Request

Friday, September 26, 2014
Sandler, Travis & Rosenberg Trade Report

The Office of the U.S. Trade Representative is requesting written submissions by Oct. 24 to aid in the preparation of its 2014 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 identifies markets that have been the subject of enforcement actions connected with counterfeiting or piracy or that may merit further investigation for possible intellectual property infringements. The 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 reasons why the identified market should be included. Information that would be particularly helpful includes the following.

- location

- 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 Internet traffic associated with the Web site, such as a recent Alexa ranking

- 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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