2011 USTR Out-of-Cycle Review of Notorious Markets

Globally copyright piracy on a commercial scale and trademark counterfeiting continue to thrive, in part because of the presence of marketplaces that deal in goods and services that infringe intellectual property rights (IPR). 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. These are marketplaces that have been the subject of enforcement action or that may merit further investigation for possible intellectual property rights infringements. The scale and popularity of these markets can cause economic harm to U.S. and other IP right holders. In addition, products sold at these markets may pose possible health and safety risks to consumers.

USTR has identified notorious markets in the Special 301 Report since 2006. In 2010, USTR announced that it would begin publishing the Notorious Market List as an “Out of Cycle Review” separately from the annual Special 301 Report. USTR published the first such list in February 2011. The present list is the result of a second Out-of-Cycle review of notorious markets, which followed a request for comments initiated in September 22, 2011.

The Notorious Markets List does not purport to reflect findings of legal violations, nor does it reflect the United States Government’s analysis of the general climate of protection and enforcement of intellectual property rights in the countries concerned. A broader analysis of IPR protection and enforcement is presented in the annual Special 301 Report, published at the end of April each year.