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Intellectual Property: USTR to Seek Comment for 2012 Review Of Physical, Internet ‘Notorious Markets'

08/14/12

Source: BNA
Related Topics: International Trade

156 DER A-17
Intellectual Property
USTR to Seek Comment for 2012 Review
Of Physical, Internet ‘Notorious Markets'

The Office of the U.S. Trade Representative is set to publish Aug. 14 a Federal Register notice seeking public comment for its review of “notorious markets” that violate U.S. intellectual property rights.

The review lists examples of Internet and physical markets that have been the subject of enforcement action or that may merit further investigation for possible intellectual property infringements, USTR said.

The deadline for written comments is Sept. 14.

USTR's December 2011 list identified 34 markets as prominent examples of sites in which pirated or counterfeited goods were available. USTR removed the Chinese website Baidu and markets in Hong Kong and Russia from the 2011 list because they had made sufficient positive progress in protecting IP.

An example of a “physical market” listed last year was the Bahia Market in Guayaquil, Ecuador, where rights holders have reported large quantities of counterfeit goods are offered for sale, including clothing and shoes, a wide selection of pirated DVDs and CDs, and software.

Complement to 301 Review
The 2012 review will be the third one in which USTR lists notorious markets as an “Out of Cycle Review” separate from its annual Special 301 report, which lists countries that do not adequately protect U.S. intellectual property rights. The list had previously been part of the annual Special 301 report.

USTR said information provided would be particularly helpful if it included:

  • location;
  • principal owners/operators, if known;
  • information on the volume of internet traffic associated with a website;
  • any known civil or criminal enforcement activity against the market;
  • any other efforts to remove/limit infringing materials, including a website's responsiveness to notices of infringement and requests to remove or disable access to allegedly infringing material; and
  • any other relevant information, including any other positive progress made by the operators of the market in addressing infringing activity.

Any comments that include quantitative loss claims should include the methodology used in calculating such estimated losses.

For More Information
Parties are required to submit by Sept. 14 written comments, which should be sent electronically via http://www.regulations.gov with the docket number USTR-2012-0011 in the “Enter Keyword or ID” window. If the document is attached, it should contain the term “2012 Out-of-Cycle Review of Notorious Markets” in the “type comment” field.







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