2016 Special 301 Out-of-Cycle Review of Notorious Markets: Request for Comments, 58545-58547 [2016-20325]

Agencies

• Office of the United States Trade Representative

[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)]
[Notices]
[Pages 58545-58547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20325]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. USTR-2016-2013]


2016 Special 301 Out-of-Cycle Review of Notorious Markets: 
Request for Comments

AGENCY: Office of the United States Trade Representative.

ACTION: Request for comments.

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SUMMARY: The Office of the United States Trade Representative (USTR) 
requests written comments identifying Internet and physical markets 
based outside the United States that should be included in the 2016 
Notorious Markets List (List). In 2010, USTR began publishing the 
Notorious Markets List separately from the annual Special 301 Report as 
an ``Out-of-Cycle Review.'' The List identifies online and physical 
marketplaces that reportedly engage in and facilitate substantial 
copyright piracy and trademark counterfeiting.

DATES: Written comments are due by 11:59 p.m. (EDT) on October 7, 2016. 
Rebuttal or other information to be considered during the review is due 
by 11:59 p.m. (EDT) on October 21, 2016.

ADDRESSES: You should submit written comments through the Federal 
eRulemaking Portal: https://www.regulations.gov. Follow the instructions 
for submitting comments in section II below. For alternatives to on-
line submissions, please contact USTR at Special301@ustr.eop.gov before 
transmitting a comment and in advance of the relevant deadline.

FOR FURTHER INFORMATION CONTACT: Christine Peterson, Director for 
Intellectual Property and Innovation, Office of the United States Trade 
Representative, at special301@ustr.eop.gov. You can find information 
about the Special 301 Review, including the Notorious Markets List, at 
www.ustr.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    The United States is concerned with trademark counterfeiting and 
copyright piracy on a commercial scale because they cause significant 
financial losses for rights holders, legitimate businesses and 
governments, undermine critical U.S. comparative advantages in 
innovation and creativity to the detriment of American workers, and 
potentially pose significant risks to consumer health and safety as 
well as privacy and security. The Notorious Markets List identifies 
select online and physical marketplaces that reportedly engage in or 
facilitate substantial copyright piracy and trademark counterfeiting.
    Beginning in 2006, USTR identified notorious markets in the annual 
Special 301 Report. In 2010, pursuant to the Administration's 2010 
Joint Strategic Plan on Intellectual Property Enforcement, 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 List in February 2011. USTR develops the annual List based 
upon public comments solicited through the Federal Register and in 
consultation with other Federal agencies that serve on the Special 301 
Subcommittee of the Trade Policy Staff Committee.
    The United States encourages owners and operators of markets 
reportedly involved in piracy and counterfeiting to adopt business 
models that rely on the licensed distribution of legitimate content and 
products and to work with rights holders and enforcement officials

[[Page 58546]]

to address infringement. USTR also encourages responsible government 
authorities to intensify their efforts to investigate reports of piracy 
and counterfeiting in such markets, and to pursue appropriate 
enforcement actions. The List does not purport to reflect findings of 
legal violations, nor does it reflect the United States Government's 
analysis of the general intellectual property rights (IPR) protection 
and enforcement climate in the country or countries concerned. For an 
analysis of the IPR climate in particular countries, please refer to 
the annual Special 301 Report, published each spring no later than 30 
days after USTR submits the National Trade Estimate to Congress.

II. Public Comments

A. Content of Comments

    USTR invites written comments concerning examples of Internet and 
physical notorious markets, including foreign trade zones that 
allegedly facilitate substantial trademark counterfeiting and copyright 
piracy.
    To receive full consideration, written comments should be as 
detailed as possible. Comments must clearly identify the market and the 
reasons why the commenter believes that the market should be included 
in the List. Commenters should include the following information, as 
applicable:
     If a physical market, the market's name and location, 
e.g., common name, street address, neighborhood, shopping district, 
city, etc., and the identity of the principal owners/operators.
     if an online market:
    [cir] The domain name(s) past and present, available registration 
information, and name(s) and location(s) of the hosting provider(s) and 
operator(s).
    [cir] information on the volume of Internet traffic associated with 
the Web site, including number of visitors and page views, average time 
spent on the site, estimate of the number of infringing goods offered, 
sold or traded and number of infringing files streamed, shared, seeded, 
leeched, downloaded, uploaded or otherwise distributed or reproduced, 
and global or country popularity rating (e.g., Alexa rank).
    [cir] revenue sources such as sales, subscriptions, donations, 
upload incentives, or advertising and the methods by which that revenue 
is collected.
     whether the market is owned, operated or otherwise 
affiliated with a government entity.
     types of counterfeit or pirated products or services sold, 
traded, distributed or otherwise made available at that market.
     volume of counterfeit or pirated goods or services or 
other indicia of a market's scale, reach or relative significance in a 
given geographic area or with respect to a category of goods or 
services.
     estimates of economic harm to the rights holder resulting 
from the piracy or counterfeiting and a description of the methodology 
used to calculate the harm.
     whether the infringing goods or services sold, traded, 
distributed or made available pose a risk to public health or safety.
     any known contractual, civil, administrative or criminal 
enforcement activity against the market and the outcome of that 
enforcement activity.
     additional actions taken by the market owners or operators 
to remove, limit or discourage the availability of counterfeit or 
pirated goods or services, including policies to prevent or remove 
access to such goods or services, or to disable seller or user 
accounts; the effectiveness of market policies and guidelines in 
addressing counterfeiting and piracy; and the level of cooperation with 
right holders and law enforcement.
     any additional information relevant to the review.

B. Instructions for Submitting Comments

    Comments must be in English. To ensure the timely receipt and 
consideration of comments, USTR strongly encourages commenters to 
submit comments electronically, using the www.regulations.gov Web site. 
To submit comments via www.regulations.gov, enter Docket Number USTR-
2016-2013 on the home page and click ``Search.'' The site will provide 
a search-results page listing all documents associated with this 
docket. Find the reference to this notice and click on the button 
labeled ``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.
    The www.regulations.gov Web site allows users to provide comments 
by filling in a ``Comment'' field, or by attaching a document using an 
``Upload File'' field. USTR prefers that comments be provided as an 
attached document. If a document is attached, please type ``2016 Out-
of-Cycle Review of Notorious Markets'' in the ``Comment'' field. USTR 
prefers submissions in Microsoft Word (.doc) or Adobe Acrobat (.pdf) 
format. If the submission is in another file format, please indicate 
the name of the software application in the ``Comment'' field. File 
names should reflect 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 comment itself, rather than submitting them as 
separate files.
    For any comments submitted that contains 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 and the submission should 
clearly indicate, via brackets, highlighting, or other means, the 
specific information that is business confidential. A filer requesting 
business confidential treatment must certify that the information is 
business confidential and would not customarily be released to the 
public by the submitter. Additionally, the submitter should type 
``Business Confidential 2016 Out-of-Cycle Review of Notorious Markets'' 
in the ``Comment'' field.
    Filers of comments containing business confidential information 
also must 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 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. The non-business 
confidential version will be placed in the docket at 
www.regulations.gov and be available for public inspection.
    As noted, USTR strongly urges commenters to submit comments through 
www.regulations.gov. Any alternative arrangements must be made before 
transmitting a comment and in advance of the relevant deadline by 
contacting USTR at Special301@ustr.eop.gov.
    Comments will be placed in the docket and open to public 
inspection, except business confidential information. Comments may be 
viewed on the www.regulations.gov Web site by entering Docket Number 
USTR-2016-

[[Page 58547]]

2013 in the ``Search'' field on the home page.

Probir Mehta,
Assistant United States Trade Representative for Innovation and 
Intellectual Property Office of the United States Trade Representative.
[FR Doc. 2016-20325 Filed 8-24-16; 8:45 am]
 BILLING CODE 3290-F6-P