The Office of the U.S. Trade Representative is requesting written submissions by Oct. 6 to aid in the preparation of its 2023 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 that infringe on U.S. intellectual property. USTR is also seeking comments on the particular issue focus for the 2023 list, which is the potential health and safety risks posed by counterfeit goods.

USTR asks that written comments be as detailed as possible, clearly identify the market and the reasons why it should be included, and include the following information as applicable.

- for physical markets, name and location

- for online markets, domain name, name and location of hosting provider and operator, and revenue sources (sales, subscriptions, advertising, etc.)

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

- number and 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

- economic harm to rights holders resulting from counterfeit goods or piracy

- whether the number and types of counterfeit goods or the number of pirated goods or files, or the economic harm therefrom, has increased or decreased from previous years and an approximate calculation of that change for each year

- whether the infringing goods 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 holders 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 ST&R.

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