[Federal Register Volume 75, Number 190 (Friday, October 1, 2010)]
[Notices]
[Pages 60854-60855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24710]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
2010 Special 301 Out of Cycle Review of Notorious Markets:
Request for Public Comment
AGENCY: Office of the United States Trade Representative.
ACTION: Request for written submissions from the public.
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SUMMARY: Pursuant to Section 182 of the Trade Act of 1974 (Trade Act)
(19 U.S.C. 2242) the United States Trade Representative (USTR) issues
an annual review of the global state of intellectual property rights
(IPR) protection and enforcement, conducted by the Office of the United
States Trade Representative (USTR), commonly referred to as the
[[Page 60855]]
``Special 301 Report''. Included in this report is the ``Notorious
Markets'' list, which is a compilation of examples of Internet and
physical markets that have been the subject of enforcement action or
that may merit further investigation for possible intellectual property
infringements. The list does not represent a finding of violation of
law, but rather is a summary of information USTR reviewed during the
Special 301 process that serves to highlight the problem of
marketplaces that deal in infringing goods and help sustain global
piracy and counterfeiting.
In an effort to increase public awareness and guide related trade
enforcement actions, USTR plans to begin publishing the notorious
market list separately from the annual Special 301 report in which it
has previously been included. USTR is hereby requesting written
submissions from the public identifying potential Internet and physical
notorious markets that exist outside the United States.
Deadline for interested parties to submit written comments:
November 5, 2010.
ADDRESSES: All written comments should be sent electronically via
http://www.regulations.gov, docket number USTR-2010-0029. Submissions
should contain the term ``2010 Special 301 Notorious Markets Review''
in the ``Type comment & Upload file'' field on http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Kira M. Alvarez, Chief Negotiator and
Deputy Assistant U.S. Trade Representative for Intellectual Property
Enforcement, Office of the United States Trade Representative, at (202)
395-4510. Further information about Special 301 can be found at http://www.ustr.gov.
SUPPLEMENTARY INFORMATION:
1. Background
Global piracy and counterfeiting continue to thrive due in part to
marketplaces that deal in infringing goods. The 2010 Special 301 Report
provides, on pages 43-45, a list of markets, including those on the
Internet, that have been the subject of enforcement action, or that may
merit further investigation for possible IPR infringements, or both.
The list represents a selective summary of information reviewed during
the Special 301 process; it is not a finding of violations of law. In
the report, the United States encourages the responsible authorities to
step up efforts to combat piracy and counterfeiting in these and
similar markets.
The 2010 Joint Strategic Plan on Intellectual Property Enforcement
stated that USTR, in coordination with the office of the Intellectual
Property Enforcement Coordinator, would initiate an interagency process
to assess opportunities to further publicize and potentially expand on
the notorious markets list in an effort to increase public awareness
and guide related trade enforcement actions. As a result of that
discussion, USTR has concluded that it can further publicize and
potentially expand on the notorious markets list by publishing the
notorious market list separately from the annual Special 301 report in
which it has previously been included, following a separate, dedicated
request for comments. USTR expects to publish the list on the earliest
practicable date after receipt of public comments.
2. Public Comments
a. Written Comments
The Special 301 Subcommittee invites written submissions from the
public concerning potential examples of Internet and physical
``notorious markets.'' Notorious markets are those where counterfeit or
pirated products are prevalent to such a degree that the market
exemplifies the problem of marketplaces that deal in infringing goods
and help sustain global piracy and counterfeiting.
b. Requirements for Comments
Interested parties must submit written comments by November 5, 2010
at 5 p.m.
Written comments should be as detailed as possible and should
clearly identify the reason or reasons why the nature or scope of
activity associated with the identified market or markets exemplify the
problem of marketplaces that deal in infringing goods and help sustain
global piracy and counterfeiting.
Comments should also include the following information for
identifying these markets assessing their impact: Location; principal
owners/operators (if known); types of products sold, distributed, or
otherwise made available; any known civil or criminal enforcement
activity against the market; any other efforts to remove/limit
infringing materials; any positive progress made. Any comments that
include quantitative loss claims should be accompanied by the
methodology used in calculating such estimated losses. Comments must be
in English. All comments should be sent electronically via http://www.regulations.gov, docket number USTR-2010-0029.
To submit comments to http://www.regulations.gov, find the docket
by entering the number USTR-2010-0029 in the ``Enter Keyword or ID''
window at the http://www.regulations.gov home page and click
``Search.'' The site will provide a search-results page listing all
documents associated with this docket. Find a 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 ``Submit a
comment.'' (For further information on using the http://www.regulations.gov Web site, please consult the resources provided on
the Web site by clicking on ``How to Use This Site'' on the left side
of the home page.)
The http://www.regulations.gov site provides the option of
providing comments by filling in a ``Type comment & Upload file''
field, or by attaching a document. It is USTR's preference that
comments be provided in an attached document. If a document is
attached, please type ``2010 Special 301 Notorious Markets Review'' in
the ``Type comment & Upload file'' field. USTR prefers submissions in
Microsoft Word (.doc) or Adobe Acrobat (.pdf). If the submission is in
an application other than those two, please indicate the name of the
application in the ``Comments'' field.
3. Inspection of Comments, Notices, and Hearing Statements
USTR will maintain a docket on the 2010 Special 301 Notorious
Markets Review, accessible to the public. The public file will include
all comments received which will be placed in the docket and open to
public inspection pursuant to 15 CFR 2006.13, except confidential
business information exempt from public inspection in accordance with
15 CFR 2006.15. Comments may be viewed on the http://www.regulations.gov Web site by entering docket number USTR-2010-0029
in the search field on the home page.
Stanford K. McCoy,
Assistant U.S. Trade Representative for Intellectual Property and
Innovation.
[FR Doc. 2010-24710 Filed 9-30-10; 8:45 am]
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