[AfrICANN-discuss] USTR Releases List Of Possibly IP Infringing Markets

Anne-Rachel Inné annerachel at gmail.com
Wed Dec 21 21:53:14 SAST 2011

 USTR Releases List Of Possibly IP Infringing Markets
Published on 20 December 2011 @ 10:55 pm

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

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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