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USTR Publishes Annual Notorious Markets Report

February 11, 2021

USTR Publishes Annual Notorious Markets Report

By: Travis Johnson, IACC Vice President – Legislative Affairs, Senior Counsel

On January 14th, the U.S. Trade Representative published its annual Special 301 Out-of-Cycle Review of Notorious Markets, shining a spotlight on physical and online markets viewed as presenting the greatest challenges to IP protection and enforcement around the world.    

In November 2020, the IACC submitted recommendations to USTR, based on members’ feedback, in connection with 20 physical marketplaces across 13 countries; and provided comments on an additional 15 e-commerce platforms.  Fourteen of those 20 physical markets, and nine of the fifteen e-commerce platforms recommended by the IACC were included on USTR’s final list.

We encourage the identified marketplaces to examine their existing policies and practices, and to engage with rights-holders on the development and adoption of best practices to resolve identified deficiencies.  We have no misgivings regarding some of those markets’ disinterest in making those necessary changes, however.  In such cases, we also call upon the governments in those jurisdictions to significantly increase their enforcement efforts, and to address long-standing problems where the markets themselves refuse to do so.    

We will also continue our efforts, where feasible, to engage with marketplaces in a constructive manner for the benefit of all our members.

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