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Notorious Markets for IPR Infringement Subject of USTR Comment Request

Wednesday, August 21, 2019
Sandler, Travis & Rosenberg Trade Report

The Office of the U.S. Trade Representative is requesting written submissions by Sept. 30 to aid in the preparation of its 2019 Notorious Markets List. Notorious markets are online and physical markets based outside the U.S. that reportedly engage in or facilitate substantial copyright piracy and trademark counterfeiting.

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

- 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 its outcome

- 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

For more information on pursuing or mitigating IPR-related import restrictions, please contact customs and trade attorney Lee Sandler at (305) 894-1000.

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