[Federal Register Volume 77, Number 157 (Tuesday, August 14, 2012)]
[Notices]
[Pages 48583-48584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19840]
=======================================================================
-----------------------------------------------------------------------
TRADE REPRESENTATIVE
2012 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.
-----------------------------------------------------------------------
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 2012 Notorious Markets List.
DATES: The deadline for interested parties to submit written comments
is September 14, 2012.
ADDRESSES: All written comments should be sent electronically via
http://www.regulations.gov, docket number USTR-2012-0011. Submissions
should contain the term ``2012 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 and Innovation, 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 Administration's 2010 Joint Strategic Plan on
Intellectual Property Enforcement, USTR began conducting an Out-of-
Cycle Review of Notorious Markets, resulting in publication, separately
from the annual Special 301 report, of a ``Notorious Markets List.''
(The Notorious Markets List had previously been included in annual
Special 301 reports.) USTR published the first stand alone Notorious
Markets List in February 2011, and published the second List in
December 2011. The December 2011 Notorious Markets List identified 34
markets, including both physical and Internet 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 Notorious Markets List does not reflect findings of violation
of law, nor does 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
identifies certain prominent examples of markets in which pirated or
counterfeit goods were reportedly available. As part
[[Page 48584]]
of its outreach efforts, 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 September 14,
2012. 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. Potentially helpful information could
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 a Web site (such as a
recent Alexa ranking); any known civil or criminal enforcement activity
against the market; other efforts to remove/limit infringing materials
(e.g., a Web site's responsiveness to requests to remove or disable
access to allegedly infringing material); and any other relevant
information, including with respect to positive progress made by
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-2012-0011. To submit comments
to http://www.regulations.gov, find the docket by entering the number
USTR-2012-0011 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. USTR
prefers 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 2012 Out-of-Cycle Review of
Notorious Markets that is 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-2012-0011
in the search field on the home page.
4. Business Confidential Information
A person requesting that information contained in a comment
submitted by that person be treated as confidential business
information must certify that such information is business confidential
and would not customarily be released to the public by the submitter.
Confidential business information must be clearly designated as such,
the submission must be marked ``Business Confidential'' at the top and
bottom of the cover page and each succeeding page, and the submission
should indicate, via brackets, the specific information that is
confidential. Additionally, ``Business Confidential'' should be
included in the ``Type comment'' field. Anyone submitting a comment
containing business confidential information must also submit as a
separate submission a nonconfidential version of the confidential
submission, indicating where confidential information has been
redacted. The non-confidential summary will be placed in the docket and
open to public inspection.
Stanford K. McCoy,
Assistant U.S. Trade Representative for Intellectual Property and
Innovation.
[FR Doc. 2012-19840 Filed 8-13-12; 8:45 am]
BILLING CODE 3290-F2-P