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Notorious Markets for IPR Infringement Subject of USTR Comment Request

Wednesday, August 16, 2017
Sandler, Travis & Rosenberg Trade Report

The Office of the U.S. Trade Representative is requesting written submissions by Oct. 2 to aid in the preparation of its 2017 Notorious Markets List. Notorious markets are Internet and physical markets based outside the U.S. that reportedly engage in or 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 protection and 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 should include the following information as applicable.

- for physical markets, name and location

- for online markets, domain name (past and present), available registration information, name and location of hosting provider and operator, volume of associated Internet traffic, and revenue sources (sales, subscriptions, advertising, etc.)

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

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

- whether the volume of infringing goods or estimates of harm have increased or decreased from previous years and an approximate calculation of that change for each year

- whether the infringing goods or services pose a risk to public health or safety

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

- additional actions taken by rights holder against the market and the outcome of those actions

- additional actions taken by the market owners or operators to remove, limit, or discourage the availability of counterfeit or pirated goods or services; the effectiveness of market policies and guidelines in addressing counterfeiting and piracy; and the level of cooperation with right holders and law enforcement

- any additional information relevant to the review

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