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USTR Seeks Comments on Notorious Markets for IPR Infringement

USTR is requesting written submissions by 7 October (rebuttal comments are due by 21 October) to aid in the preparation of its 2016 Notorious Markets List. Notorious markets are Internet and physical markets outside the United States, which may include foreign-trade zones, that reportedly engage in and 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 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.

  • if a physical market, the market’s name and location (e.g., common name, street address, neighbourhood, shopping district, city, etc.) and the identity of the principal owners/operators
  • if an on-line market, (i) the domain name(s) past and present, available registration information, and name(s) and location(s) of the hosting provider(s) and operator(s); (ii) information on the volume of Internet traffic associated with the website, including number of visitors and page views, average time spent on the site, estimate of the number of infringing goods offered, sold or traded and number of infringing files streamed, shared, seeded, leeched, downloaded, uploaded or otherwise distributed or reproduced, and global or country popularity rating (e.g., Alexa rank); and (iii) revenue sources such as sales, subscriptions, donations, upload incentives or advertising and the methods by which that revenue is collected
  • 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 the rights holder resulting from the piracy or counterfeiting and a description of the methodology used to calculate the harm
  • whether the infringing goods or services sold, traded, distributed or made available pose a risk to public health or safety
  • any known contractual, civil, administrative or criminal enforcement activity against the market and the effectiveness of that activity
  • additional actions taken by the market owners or operators to remove, limit or discourage the availability of counterfeit or pirated goods or services, including policies to prevent or remove access to such goods or services, or to disable seller or user accounts; the effectiveness of market policies and guidelines in addressing counterfeiting and piracy; and the level of co-operation with right holders and law enforcement
  • any additional information relevant to the review
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