Notice2023-18201
2023 Review of Notorious Markets for Counterfeiting and Piracy: Comment Request
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 24, 2023
Issuing agencies
Trade Representative, Office of United States
Abstract
The Office of the United States Trade Representative (USTR) requests comments that identify online and physical markets to be considered for inclusion in the 2023 Review of Notorious Markets for Counterfeiting and Piracy (Notorious Markets List). The Notorious Markets List identifies examples of online and physical markets that reportedly engage in or facilitate substantial copyright piracy or trademark counterfeiting. The issue focus for the 2023 Notorious Markets List will examine the potential health and safety risks posed by counterfeit goods.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 163 (Thursday, August 24, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 163 (Thursday, August 24, 2023)]
[Notices]
[Pages 58055-58057]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18201]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket Number USTR-2023-0009]
2023 Review of Notorious Markets for Counterfeiting and Piracy:
Comment Request
AGENCY: Office of the United States Trade Representative.
ACTION: Request for comments.
-----------------------------------------------------------------------
SUMMARY: The Office of the United States Trade Representative (USTR)
requests comments that identify online and physical markets to be
considered for inclusion in the 2023 Review of Notorious Markets for
Counterfeiting and Piracy (Notorious Markets List). The Notorious
Markets List identifies examples of online and physical markets that
reportedly engage in or facilitate substantial copyright piracy or
trademark counterfeiting. The issue focus for the 2023 Notorious
Markets List will examine the potential health and safety risks posed
by counterfeit goods.
DATES:
October 6, 2023, at 11:59 p.m. ET: Deadline for submission of
written comments.
October 20, 2023, at 11:59 p.m. ET: Deadline for submission of
rebuttal comments and other information USTR should consider during the
review.
ADDRESSES: You should submit written comments through the Federal
eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a> (<a href="http://Regulations.gov">Regulations.gov</a>).
Follow the instructions for submitting comments in section III below.
For alternatives to online submissions, please contact Jake Ewerdt at
<a href="/cdn-cgi/l/email-protection#e58b8a918a978c8a90968884978e809196a590969197cb808a95cb828a93"><span class="__cf_email__" data-cfemail="85ebeaf1eaf7eceaf0f6e8e4f7eee0f1f6c5f0f6f1f7abe0eaf5abe2eaf3">[email protected]</span></a> or (202) 395-6862 before transmitting a
comment and in advance of the relevant deadline.
FOR FURTHER INFORMATION CONTACT: Jake Ewerdt, Deputy Assistant U.S.
Trade Representative for Innovation and Intellectual Property, at
<a href="/cdn-cgi/l/email-protection#7f11100b100d16100a0c121e0d141a0b0c3f0a0c0b0d511a100f51181009"><span class="__cf_email__" data-cfemail="127c7d667d607b7d67617f73607977666152676166603c777d623c757d64">[email protected]</span></a> or (202) 395-6862. You can find
information about the Special 301 Review, including the Notorious
Markets List, at <a href="http://www.ustr.gov">www.ustr.gov</a>.
SUPPLEMENTARY INFORMATION:
I. Background
The United States is concerned with trademark counterfeiting and
copyright piracy on a commercial scale because these illicit activities
cause significant financial losses for right holders, legitimate
businesses, and governments. In addition, they undermine critical U.S.
comparative advantages in innovation and creativity to the detriment of
American workers, and can pose significant risks to consumer health and
safety and privacy and security. Conducted under the auspices of the
Special 301 program and the authority of the U.S. Trade Representative
to address practices that have significant adverse impact on the value
of U.S. innovation, the Notorious Markets List identifies examples of
online and physical markets that
[[Page 58056]]
reportedly engage in or facilitate substantial copyright piracy or
trademark counterfeiting that infringe on U.S. intellectual property
(IP).
Beginning in 2006, USTR identified notorious markets in the annual
Special 301 Report. In 2010, USTR announced that it would publish the
Notorious Markets List as an Out-of-Cycle Review, separate from the
annual Special 301 Report. USTR published the first Notorious Markets
List in February 2011. USTR develops the annual Notorious Markets List
based upon public comments solicited through the Federal Register and
in consultation with Federal agencies that serve on the Special 301
Subcommittee of the Trade Policy Staff Committee.
The United States encourages owners and operators of markets
reportedly involved in piracy or counterfeiting to adopt business
models that rely on the licensed distribution of legitimate content and
products and to work with right holders and enforcement officials to
address infringement. USTR also encourages foreign government
authorities to intensify their efforts to investigate reports of piracy
and counterfeiting in such markets, and to pursue appropriate
enforcement actions. 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 IP protection and enforcement
climate in the country or countries concerned. For an analysis of the
IP climate in particular countries, please refer to the annual Special
301 Report, published each spring no later than 30 days after USTR
submits the National Trade Estimate to Congress.
II. Public Comments
USTR invites written comments concerning examples of online and
physical markets that reportedly engage in and facilitate substantial
copyright piracy or trademark counterfeiting that infringe on U.S.
intellectual property. USTR also invites written comments for the
Notorious Markets List `issue focus' that highlights an issue related
to the facilitation of substantial trademark counterfeiting or
copyright piracy. The issue focus for the 2023 Notorious Markets List
will examine the potential health and safety risks posed by counterfeit
goods.
To facilitate the review, written comments should be as detailed as
possible. Comments must clearly identify the market and the reasons why
the commenter believes that the market should be included in the
Notorious Markets List. Commenters should include the following
information, as applicable:
For online markets that engage in or facilitate substantial
counterfeiting:
<bullet> The domain name(s) of the market, the name(s) of the
owner(s) or operator(s), the geographic area(s) where the market
operates, and whether the market is owned, operated, or otherwise
affiliated with a government entity.
<bullet> Estimate of the number of goods sold or otherwise made
available on the market and any other indicia of the market's scale,
reach, or relative significance in a given geographic area or with
respect to a category of goods.
<bullet> Estimate of the number and types of goods sold or
otherwise made available on the market that are counterfeit, either in
aggregate or in relation to the total number and types of goods sold or
otherwise made available on the market, a description of the
methodology used to create the estimate and the timeframe the estimate
was conducted, and information supporting the claims of counterfeiting.
<bullet> Estimate of economic harm to right holders resulting from
the counterfeit goods and a description of the methodology used to
calculate the harm.
<bullet> Whether the number and types of counterfeit goods or the
economic harm has increased or decreased from previous years, and an
approximate calculation of that increase or decrease for each year.
<bullet> Whether the counterfeit goods sold or otherwise made
available on the market pose a risk to public health or safety.
<bullet> Any known contractual, civil, administrative, or criminal
enforcement activity against the market and the outcome of that
enforcement activity.
<bullet> Any actions taken by right holders, such as discussing
concerns with the market, submitting takedown notices or requests to
remove counterfeit goods, sending cease and desist letters, or
requesting that the market enforce its terms of service or terms of
use, and the outcome of these actions.
<bullet> Any actions taken by the market owners or operators to
remove, limit, or discourage the availability of counterfeit goods,
including policies to prevent or remove access to such goods, or to
disable seller or user accounts, the effectiveness of market policies
and guidelines in addressing counterfeiting, and the level of
cooperation with right holders and law enforcement.
<bullet> Any other additional information relevant to the review.
For online markets that engage in or facilitate substantial piracy:
<bullet> The domain name(s) of the market, the name(s) and
location(s) of the hosting provider(s), the name(s) and location(s) of
the owner(s) or operator(s), the geographic area(s) where the market
operates, and whether the market is owned, operated, or otherwise
affiliated with a government entity.
<bullet> Revenue sources such as sales, subscriptions, donations,
upload incentives, or advertising, the methods by which that revenue is
collected, and the entities that help facilitate the market's revenue.
<bullet> Description and estimate of economic harm to right holders
resulting from piracy and a description of the methodology used to
calculate the harm.
<bullet> Whether the number of pirated goods or files, or the
economic harm, has increased or decreased from previous years, and an
approximate calculation of that increase or decrease for each year.
<bullet> Any known contractual, civil, administrative, or criminal
enforcement activity against the market and the outcome of that
enforcement activity.
<bullet> Any actions taken by right holders, such as discussing
concerns with the market, submitting takedown notices or requests to
remove URLs or pirated content, sending cease and desist letters, or
requesting that the market enforce its terms of service or terms of
use, and the outcome of these actions.
<bullet> Any actions taken by the market owners or operators to
remove, limit, or discourage the availability of 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 piracy, and the level
of cooperation with right holders and law enforcement.
<bullet> Any other additional information relevant to the review.
For physical markets that engage in or facilitate substantial
counterfeiting or piracy:
<bullet> The market's name(s), street address, neighborhood or
shopping district, city, and the identity of the principal owner(s) or
operator(s).
<bullet> Whether the market is owned, operated, or otherwise
affiliated with a government entity.
<bullet> Types of counterfeit or pirated products or services sold,
traded, distributed, or otherwise made available at the market.
<bullet> Volume of counterfeit or pirated goods or services or
other indicia of the market's scale, reach, or relative significance in
a given geographic area or with respect to a category of goods or
services.
<bullet> Description and estimate of economic harm to right holders
[[Page 58057]]
resulting from the piracy or counterfeiting and a description of the
methodology used to calculate the harm.
<bullet> Whether the volume of counterfeit or pirated goods or
estimates of harm has increased or decreased from previous years, and
an approximate calculation of that increase or decrease for each year.
<bullet> Whether the infringing goods or services sold, traded,
distributed, or made available pose a risk to public health or safety.
<bullet> Any known contractual, civil, administrative, or criminal
enforcement activity against the market and the outcome of that
enforcement activity.
<bullet> Additional actions taken by right holders, such as
discussing concerns with the market, sending cease and desist letters,
sending warning letters to landlords or requests to enforce the terms
of their leases, and the outcome of these actions.
<bullet> 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.
<bullet> Any other additional information relevant to the review.
III. Submission Instructions
All submissions must be in English and sent electronically via
<a href="http://Regulations.gov">Regulations.gov</a>. To submit comments, locate the docket (folder) by
entering the docket number USTR-2023-0009 in the search bar on the
<a href="http://Regulations.gov">Regulations.gov</a> homepage and click `search.' The site will provide a
search-results page listing all documents associated with this docket.
Locate the reference to this notice by selecting `notice' under
`document type' on the left side of the search-results page, and click
on the link entitled `Comment'. You should provide comments in an
attached document, and name the file according to the following
protocol, as appropriate: Commenter Name or Organization_2023 Notorious
Markets. Please include the following information in the `type comment'
field: 2023 Review of Notorious Markets for Counterfeiting and Piracy.
USTR prefers submissions in Microsoft Word (.docx) or Adobe Acrobat
(.pdf) format. If the submission is in another file format, please
indicate the name of the software application in the `type comment'
field. For further information on using <a href="http://Regulations.gov">Regulations.gov</a>, please select
`how to use <a href="http://Regulations.gov">Regulations.gov</a>' on the bottom of any page.
Please do not attach separate cover letters to electronic
submissions. Instead, include any information that might appear in a
cover letter in the comments themselves. Similarly, to the extent
possible, please include any exhibits, annexes, or other attachments in
the same file as the comment itself, rather than submitting them as
separate files.
Please include the name, email address, and phone number of an
individual who can be contacted if there are issues or questions with
the submission. The contact information can be included in the
submission or sent to Jake Ewerdt, Deputy Assistant U.S. Trade
Representative for Innovation and Intellectual Property, at
<a href="/cdn-cgi/l/email-protection#cfa1a0bba0bda6a0babca2aebda4aabbbc8fbabcbbbde1aaa0bfe1a8a0b9"><span class="__cf_email__" data-cfemail="d5bbbaa1baa7bcbaa0a6b8b4a7beb0a1a695a0a6a1a7fbb0baa5fbb2baa3">[email protected]</span></a> or (202) 395-6862.
For any comment submitted electronically that contains business
confidential information (BCI), the file name of the business
confidential version should begin with the characters `BCI'. Any page
containing BCI must be clearly marked `BUSINESS CONFIDENTIAL' on the
top of that page and the submission should clearly indicate, via
brackets, highlighting, or other means, the specific information that
is business confidential. A filer requesting business confidential
treatment must certify that the information is business confidential
and that they would not customarily release it to the public.
Additionally, the submitter should type `Business Confidential 2023
Review of Notorious Markets for Counterfeiting and Piracy' in the
`comment' field. Filers of comments containing BCI also must submit a
public version. Begin the file name of the public version with the
character `P'. USTR will place the non-business confidential version in
the docket at <a href="http://Regulations.gov">Regulations.gov</a> and it will be available for public
inspection.
As noted, USTR strongly urges submitters to file comments through
<a href="http://Regulations.gov">Regulations.gov</a>. You must make any alternative arrangements in advance
of the relevant deadline and before transmitting a comment by
contacting Jake Ewerdt at <a href="/cdn-cgi/l/email-protection#5c323328332e3533292f313d2e3739282f1c292f282e7239332c723b332a"><span class="__cf_email__" data-cfemail="c0aeafb4afb2a9afb5b3ada1b2aba5b4b380b5b3b4b2eea5afb0eea7afb6">[email protected]</span></a> or (202) 395-
6862.
USTR will post comments in the docket for public inspection, except
properly designated BCI. You can view comments on <a href="http://Regulations.gov">Regulations.gov</a> by
entering docket number USTR-2023-0009 in the search field on the home
page.
Daniel Lee,
Assistant U.S. Trade Representative for Innovation and Intellectual
Property, Office of the United States Trade Representative.
[FR Doc. 2023-18201 Filed 8-23-23; 8:45 am]
BILLING CODE 3390-F3-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 24, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.