[Federal Register Volume 76, Number 184 (Thursday, September 22, 2011)]
[Notices]
[Pages 58854-58855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24523]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


2011 Special 301 Out-of-Cycle Review of Notorious Markets: 
Request for Public Comments

AGENCY: Office of the United States Trade Representative.

ACTION: Request for written submissions from the public.

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SUMMARY: In 2010 the Office of the United States Trade Representative 
(USTR) began publishing the notorious market list as an ``Out of Cycle 
Review'' separately from the annual Special 301 report. This review of 
Notorious Markets (``Notorious Markets List'') results in the 
publication 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 
Notorious Markets List does not represent a finding of violation of 
law, but rather is a summary of information that serves to highlight 
the problem of marketplaces that deal in infringing goods and which 
help sustain global piracy and counterfeiting. USTR is hereby 
requesting written submissions from the public identifying potential 
Internet and physical notorious markets that exist outside the United 
States and that may be included in the 2011 Notorious Markets List.

DATES: The deadline for interested parties to submit written comments 
is October 26, 2011.

ADDRESSES: All written comments should be sent electronically via 
http://www.regulations.gov, docket number USTR-2011-0012. Submissions 
should contain the term ``2011 Out-of-Cycle Review of Notorious 
Markets'' in the ``Type comment'' field on http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Paula Karol Pinha, Director for 
Intellectual Property Enforcement, Office of the United States Trade 
Representative, at (202) 395- 5419. Further information about Special 
301 can be found at http://www.ustr.gov.

SUPPLEMENTARY INFORMATION: 

1. Background

    Pursuant to the 2010 Joint Strategic Plan on Intellectual Property 
Enforcement, USTR began publishing the Notorious Markets List 
separately from the annual Special 301 report in which it had 
previously been included. After a dedicated request for comments and 
separate review which took place in the fall and winter of 2010, USTR 
published the first Out-of-Cycle Review of Notorious Markets 
(``Notorious Markets List'') in February 2011.
    The 2010 Notorious Markets List identified 34 markets, including 
both physical and virtual markets, as examples of marketplaces that 
have been the subject of enforcement action or that may merit further 
investigation for possible intellectual property rights infringements, 
or both. The 2010 Notorious Markets List did not reflect findings of 
violation of law, nor did it reflect the United States' analysis of the 
general climate of protection and enforcement of intellectual property 
rights in the countries where the markets were located. Rather, the 
list identified certain prominent examples of markets in which pirated 
or counterfeit goods were reportedly available. Through the Notorious 
Markets List, the United States encourages the responsible authorities 
to step up efforts to combat piracy and counterfeiting in these and 
similar markets.

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 October 26, 
2011. 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. Information that would be 
particularly helpful would include: location; principal owners/
operators (if known); types of products sold, distributed, or otherwise 
made available; information on the volume of Internet traffic 
associated with the Web site, such as the Alexa ranking; any known 
civil or criminal enforcement activity against the market; any other 
efforts to remove/limit infringing materials, including the Web site's 
responsiveness to notices of infringement and requests to remove or 
disable access to allegedly infringing material; and any other relevant 
information, including with respect to any other positive progress made 
by the operators of the market in addressing infringing activity. 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-2011-0012. To submit comments 
to http://www.regulations.gov, find the docket by entering the number 
USTR-2011-0012 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'' 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 ``2011 Out-of-Cycle Review of 
Notorious Markets'' in the ``Type comment'' 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 ``Type comment'' field.

3. Inspection of Comments

    USTR will maintain a docket on the 2011 Out-of-Cycle Review of 
Notorious Markets 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

[[Page 58855]]

entering docket number USTR-2011-0012 in the search field on the home 
page.

Stanford K. McCoy,
Assistant U.S. Trade Representative for Intellectual Property and 
Innovation.
[FR Doc. 2011-24523 Filed 9-21-11; 8:45 am]
BILLING CODE 3190-W1-P