2013 USTR Out-of-Cycle Review of Notorious Markets

Trademark counterfeiting and copyright piracy on a commercial scale cause significant financial losses for rights holders and legitimate businesses, undermine critical U.S. comparative advantages in innovation and creativity to the detriment of American workers, and can pose significant risks to consumer health and safety. The Notorious Markets List (“List”) identifies select online and physical marketplaces that reportedly engage in and facilitate substantial piracy and counterfeiting.

The Office of the United States Trade Representative (“USTR”) has developed this List under the auspices of the annual Special 301 process, taking into account public comments solicited by USTR through the Federal Register and the input of other Federal agencies. The List identifies marketplaces that have been the subject of enforcement actions or that may merit further investigation for possible intellectual property rights (“IPR”) infringements. These markets have been selected for inclusion both because they exemplify concerns about trademark counterfeiting and copyright piracy on a global basis and because the scale and popularity of these marketplaces can cause economic harm to U.S. and other IPR holders. They may also pose health and safety risks to consumers as well as provide inadequate safeguards for consumer privacy and security.

USTR has identified notorious markets in the Special 301 Report since 2006. In 2010, USTR announced that it would begin publishing the List as an Out-of-Cycle Review, separately from the annual Special 301 Report. USTR published the first such List in February 2011 and subsequent Lists in December 2011 and December 2012. The present List is the result of the 2013 Out-of-Cycle Review of Notorious Markets.

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 IPR protection and enforcement climate in the country concerned. A broader analysis of IPR protection and enforcement in particular countries or economies is presented in the annual Special 301 Report, published at the end of April each year (see the Public Information section at the end of this document).