[governance] USTR Releases List Of Possibly IP Infringing Markets

[Riaz K Tayob]

    USTR Releases List Of Possibly IP Infringing Markets
    <http://www.ip-watch.org/weblog/2011/12/20/ustr-releases-list-of-possibly-ip-infringing-markets/?utm_source=post&utm_medium=email&utm_campaign=alerts>

Published on 20 December 2011 @ 10:55 pm

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By William New <http://www.ip-watch.org/weblog/author/william/>, 
Intellectual Property Watch

The United States Trade Representative's office today released its 
second report in a year on markets it has labeled "notorious" based on 
unofficial comments it has received. The report identifies physical and 
internet-based marketplaces around the world that may be hotbeds for the 
sale of intellectual property infringing goods.

Among the alleged major problem markets are several in China, though 
USTR said some Chinese companies like search engine Baidu have been 
removed from the list for the efforts they have made to address piracy. 
A range of other countries, from Russia to Canada, are mentioned as well.

"The Notorious Markets List identifies selected markets, including ones 
on the Internet, that are reportedly engaged in piracy and 
counterfeiting, according to information submitted to the Office of the 
U.S. Trade Representative (USTR) in response to a request for comments," 
USTR said. "These are marketplaces that have been the subject of 
enforcement action or that may merit further investigation for possible 
intellectual property rights infringements."

"Inclusion in the Notorious Markets List does not reflect a finding of a 
violation of law or the United States Government's analysis of the 
general IPR protection and enforcement climate in the country concerned; 
such analysis is contained in the annual Special 301 Report issued at 
the end of April," it said. "However, the United States urges the 
responsible authorities to intensify efforts to combat piracy and 
counterfeiting in these and similar markets, and to use the information 
contained in the Notorious Markets List to pursue legal actions where 
appropriate."

Today's report is the result of an "out-of-cycle" review launched in 
September.

The markets identified are potentially big enough to have a negative 
impact on the US economy, it said.

Several US industry associations praised the report, including the 
International Intellectual Property Alliance, the US Chamber of Commerce 
Global IP Center, and the Motion Picture Association of America.

"USTR's report highlights the need for accountability in the online 
space and continuing vigilance in physical piracy markets," IIPA Counsel 
Steve Metalitz said in a release. "This requires stronger laws and 
stricter law enforcement in foreign countries hosting notorious 
marketplaces, whether online or in the physical world. It also requires 
all actors in the copyright value chain to take greater responsibility 
toward finding solutions to the growing problem of online and physical 
copyright theft. We are also pleased that USTR has, for the first time, 
specifically identified sites based on their distribution of unlawful 
circumvention technologies." IIPA is a consortium of most major US 
rights holder industry groups.

The USTR list is available here <http://www.ustr.gov/webfm_send/3215>.

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