[Federal Register Volume 78, Number 183 (Friday, September 20, 2013)]
[Notices]
[Pages 57924-57925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22857]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. USTR-2013-0030]
2013 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: The Office of the United States Trade Representative (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 2013 Notorious
Markets List. In 2010, 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.
DATES: The deadline for interested parties to submit written comments
is October 11, 2013.
ADDRESSES: All written comments should be sent electronically via
http://www.regulations.gov, docket number USTR-2013-0030. Submissions
should contain the term ``2013 Out-of-Cycle Review of Notorious
Markets'' in the ``Type Comment'' field on http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Cecelia Jones-Davis, Executive
Assistant, Office of the United States Trade Representative, at (202)
395-9651. 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 subsequent Lists in
December 2011 and December 2012. The Notorious Markets List identifies
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
copyright or counterfeit trademark goods were reportedly available. As
part of its outreach efforts, the United States encourages the
responsible authorities to step up efforts to combat copyright piracy
and trademark 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
trademark or pirated copyright 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 11,
2013. 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.
To ensure the timely receipt and consideration of comments, USTR
strongly encourages interested persons to make on-line submissions,
using the www.regulations.gov Web site. To submit comments via
www.regulations.gov, enter docket number USTR-2013-0030 on the 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 and click on the link entitled ``Comment Now!.'' (For
further information on using the www.regulations.gov Web site, please
consult the resources provided on the Web site by clicking on ``How to
use Regulations.gov'' on the bottom of the home page under ``Help''.)
The www.regulations.gov Web site allows users to provide comments
by filling in a ``Type Comment'' field, or by attaching a document
using an ``Upload File'' field. USTR prefers that comments be provided
in an attached document. If a document is attached, please type ``2013
Out-of-Cycle Review of Notorious Markets'' in the ``Type Comment''
field. USTR prefers submissions in Microsoft Word (.doc) or Adobe
Acrobat (.pdf) format. If the submission is in another format, please
indicate the name of the software application in the ``Type Comment''
field.
For any comments submitted electronically containing business
confidential information, the file name of the business confidential
version should begin with the characters ``BC''. Any page containing
business confidential information must be clearly marked ``BUSINESS
CONFIDENTIAL'' on the top of that page. Filers of submissions
containing business confidential information must also submit a public
version of their comments. The file name of the public version should
begin with the character ``P''. The ``BC'' and ``P'' should be followed
by the name of the person or
[[Page 57925]]
entity submitting the comments. Filers submitting comments containing
no business confidential information should name their file using the
name of the person or entity submitting the comments.
Please do not attach separate cover letters to electronic
submissions; rather, include any information that might appear in a
cover letter in the comments themselves. Similarly, to the extent
possible, please include any exhibits, annexes, or other attachments in
the same file as the submission itself, not as separate files.
As noted, USTR strongly urges submitters to file comments through
www.regulations.gov, if at all possible. Any alternative arrangements
must be made with Cecilia Jones-Davis in advance of transmitting a
comment. Ms. Jones-Davis should be contacted at (202) 395-9651.
3. Inspection of Comments
Submissions will be placed in the docket and open to public
inspection pursuant to 15 CFR 2006.13, except business confidential
information exempt from public inspection in accordance with 15 CFR
2006.15. Submissions may be viewed on the www.regulations.gov Web site
by entering docket number USTR-2013-0030 in the search field on the
home page.
Stanford K. McCoy,
Assistant U.S. Trade Representative for Intellectual Property and
Innovation.
[FR Doc. 2013-22857 Filed 9-19-13; 8:45 am]
BILLING CODE 3290-F3-P