Background

The Office of the U.S. Trade Representative is requesting written submissions by Nov. 8 to aid in the preparation of its 2020 Notorious Markets List. USTR states that this list will focus on the use of e-commerce platforms and other third-party intermediaries to facilitate the importation of counterfeit and pirated goods into the U.S.

Notorious markets are online and physical markets based outside the U.S. that reportedly engage in or facilitate substantial copyright piracy and trademark counterfeiting. USTR is seeking the following information with respect to such markets.

- 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 their outcomes

- 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 Lee Sandler at (305) 894-1000.

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