USTR Releases List Of Possibly IP Infringing Markets

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.