2022 Review of Notorious Markets for Counterfeiting and Piracy: Comment Request, 52609-52611 [2022-18405]
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The transaction may be consummated
on or after September 9, 2022, the
effective date of the exemption (30 days
after the verified notice was filed).
According to the verified notice,
through a Stock Purchase Agreement,
Patriot (an indirect holding of MUFG)
will acquire a controlling interest in
Pioneer, and, consequently, an indirect
controlling interest in several Pioneer
subsidiaries, including the Pioneer
Short Lines.
The verified notice indicates that: (1)
none of the Patriot Short Lines connect
with any of the Pioneer Short Lines; (2)
the transaction is not part of a series of
anticipated transactions that would
connect any of the Patriot Short Lines or
Pioneer Short Lines; and (3) the
transaction does not involve a Class I
rail carrier. The proposed transaction is
therefore exempt from the prior
approval requirements of 49 U.S.C.
11323 pursuant to 49 CFR 1180.2(d)(2).
Under 49 U.S.C. 10502(g), the Board
may not use its exemption authority to
relieve a rail carrier of its statutory
obligation to protect the interests of its
employees. However, 49 U.S.C. 11326(c)
does not provide for labor protection for
transactions under 49 U.S.C. 11324 and
11325 that involve only Class III rail
carriers. Because this transaction
involves Class III rail carriers only, the
Board, under the statute, may not
impose labor protective conditions for
this transaction.
If the verified notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the effectiveness of
the exemption. Petitions for stay must
be filed no later than September 2, 2022
(at least seven days before the
exemption becomes effective).
All pleadings, referring to Docket No.
FD 36635, must be filed with the
Surface Transportation Board either via
e-filing on the Board’s website or in
writing addressed to 395 E Street SW,
Washington, DC 20423–0001. In
addition, one copy of each pleading
must be served on Patriot Rail’s
representative, Robert A. Wimbish,
Fletcher & Sipple LLC, 29 N Wacker
Drive, Suite 800, Chicago, IL 60606.
According to Patriot Rail, this action
is categorically excluded from
environmental review under 49 CFR
1105.6(c) and from historic reporting
requirements under 49 CFR 1105.8(b).
Board decisions and notices are
available at www.stb.gov.
Eastern Railroad, LLC; Utah Central Railway
Company, LLC; and West Belt Railway LLC.
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Decided: August 23, 2022.
By the Board, Mai T. Dinh, Director, Office
of Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2022–18436 Filed 8–25–22; 8:45 am]
BILLING CODE 4915–01–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
[Docket Number USTR–2022–0010]
2022 Review of Notorious Markets for
Counterfeiting and Piracy: Comment
Request
Office of the United States
Trade Representative.
ACTION: Request for comments.
AGENCY:
The Office of the United
States Trade Representative (USTR)
requests comments that identify online
and physical markets to be considered
for inclusion in the 2022 Review of
Notorious Markets for Counterfeiting
and Piracy (Notorious Markets List). The
Notorious Markets List identifies
examples of online and physical
markets that reportedly engage in or
facilitate substantial copyright piracy or
trademark counterfeiting. The issue
focus for the 2022 Notorious Markets
List will examine the impact of online
piracy on U.S. workers.
DATES:
October 7, 2022, at 11:59 p.m. ET:
Deadline for submission of written
comments.
October 21, 2022, at 11:59 p.m. ET:
Deadline for submission of rebuttal
comments and other information USTR
should consider during the review.
ADDRESSES: You should submit written
comments through the Federal
eRulemaking Portal: https://
www.regulations.gov (Regulations.gov).
Follow the instructions for submitting
comments in section III below. For
alternatives to online submissions,
please contact Ariel Gordon at
notoriousmarkets@ustr.eop.gov or (202)
395–4510 before transmitting a
comment and in advance of the relevant
deadline.
FOR FURTHER INFORMATION CONTACT:
Ariel Gordon, Director for Innovation
and Intellectual Property, at
notoriousmarkets@ustr.eop.gov or (202)
395–4510. You can find information
about the Special 301 Review, including
the Notorious Markets List, at
www.ustr.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
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52609
I. Background
The United States is concerned with
trademark counterfeiting and copyright
piracy on a commercial scale because
these illicit activities cause significant
financial losses for right holders,
legitimate businesses, and governments.
In addition, they 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 and privacy and
security. Conducted under the auspices
of the Special 301 program and the
authority of the U.S. Trade
Representative to address practices that
have significant adverse impact on the
value of U.S. innovation, the Notorious
Markets List identifies examples of
online and physical markets that
reportedly engage in or facilitate
substantial copyright piracy or
trademark counterfeiting that infringe
on U.S. intellectual property (IP).
Beginning in 2006, USTR identified
notorious markets in the annual Special
301 Report. In 2010, USTR announced
that it would publish the Notorious
Markets List as an out-of-cycle review,
separate from the annual Special 301
Report. USTR published the first
Notorious Markets List in February
2011. USTR develops the annual
Notorious Markets List based upon
public comments solicited through the
Federal Register and in consultation
with 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 or counterfeiting to
adopt business models that rely on the
licensed distribution of legitimate
content and products and to work with
right holders and enforcement officials
to address infringement. USTR also
encourages foreign government
authorities to intensify their efforts to
investigate reports of piracy and
counterfeiting in such markets, and to
pursue appropriate enforcement actions.
The Notorious Markets List does not
purport to reflect findings of legal
violations, nor does it reflect the U.S.
Government’s analysis of the general IP
protection and enforcement climate in
the country or countries concerned. For
an analysis of the IP 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.
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II. Public Comments
USTR invites written comments
concerning examples of online and
physical markets that reportedly engage
in and facilitate substantial copyright
piracy or trademark counterfeiting that
infringe on U.S. IP. USTR also invites
written comments for the Notorious
Markets List issue focus that highlights
an issue related to the facilitation of
substantial trademark counterfeiting or
copyright piracy. The issue focus for the
2022 Notorious Markets List will
examine the impact of online piracy on
U.S. workers.
To facilitate the review, 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 Notorious
Markets List. Commenters should
include the following information, as
applicable:
For online markets that engage in or
facilitate substantial counterfeiting:
• The domain name(s) of the market,
the name(s) of the owner(s) or
operator(s), the geographic area(s) where
the market operates, and whether the
market is owned, operated, or otherwise
affiliated with a government entity.
• Estimate of the number of goods
sold or otherwise made available on the
market and any other indicia of the
market’s scale, reach, or relative
significance in a given geographic area
or with respect to a category of goods.
• Estimate of the number and types of
goods sold or otherwise made available
on the market that are counterfeit, either
in aggregate or in relation to the total
number and types of goods sold or
otherwise made available on the market,
a description of the methodology used
to create the estimate and the timeframe
the estimate was conducted, and
information supporting the claims of
counterfeiting.
• Estimate of economic harm to right
holders resulting from the counterfeit
goods and a description of the
methodology used to calculate the harm.
• Whether the number and types of
counterfeit goods or the economic harm
has increased or decreased from
previous years, and an approximate
calculation of that increase or decrease
for each year.
• Whether the counterfeit goods sold
or otherwise made available on the
market 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.
• Any actions taken by right holders,
such as discussing concerns with the
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market, submitting takedown notices or
requests to remove counterfeit goods,
sending cease and desist letters, or
requesting that the market enforce its
terms of service or terms of use, and the
outcome of these actions.
• Any actions taken by the market
owners or operators to remove, limit, or
discourage the availability of counterfeit
goods, including policies to prevent or
remove access to such goods, or to
disable seller or user accounts, the
effectiveness of market policies and
guidelines in addressing counterfeiting,
and the level of cooperation with right
holders and law enforcement.
• Any other additional information
relevant to the review.
For online markets that engage in or
facilitate substantial piracy:
• The domain name(s) of the market,
the name(s) and location(s) of the
hosting provider(s), the name(s) and
location(s) of the owner(s) or
operator(s), the geographic area(s) where
the market operates, and whether the
market is owned, operated, or otherwise
affiliated with a government entity.
• Revenue sources such as sales,
subscriptions, donations, upload
incentives, or advertising, the methods
by which that revenue is collected, and
the entities that help facilitate the
market’s revenue.
• Description and estimate of
economic harm to right holders
resulting from piracy and a description
of the methodology used to calculate the
harm.
• Whether the number of pirated
goods or files, or the economic harm,
has increased or decreased from
previous years, and an approximate
calculation of that increase or decrease
for each year.
• Any known contractual, civil,
administrative, or criminal enforcement
activity against the market and the
outcome of that enforcement activity.
• Any actions taken by right holders,
such as discussing concerns with the
market, submitting takedown notices or
requests to remove URLs or pirated
content, sending cease and desist letters,
or requesting that the market enforce its
terms of service or terms of use, and the
outcome of these actions.
• Any actions taken by the market
owners or operators to remove, limit, or
discourage the availability of 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
piracy, and the level of cooperation with
right holders and law enforcement.
• Any other additional information
relevant to the review.
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For physical markets that engage in or
facilitate substantial counterfeiting or
piracy:
• The market’s name(s), street
address, neighborhood or shopping
district, city, and the identity of the
principal owner(s) or operator(s).
• 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 the market.
• Volume of counterfeit or pirated
goods or services or other indicia of the
market’s scale, reach, or relative
significance in a given geographic area
or with respect to a category of goods or
services.
• Description and estimate of
economic harm to right holders
resulting from the piracy or
counterfeiting and a description of the
methodology used to calculate the harm.
• Whether the volume of counterfeit
or pirated goods or estimates of harm
has increased or decreased from
previous years, and an approximate
calculation of that increase or decrease
for each year.
• 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 right
holders, such as discussing concerns
with the market, sending cease and
desist letters, sending warning letters to
landlords or requests to enforce the
terms of their leases, and the outcome
of these actions.
• Additional actions taken by the
market owners or operators to remove,
limit, or discourage the availability of
counterfeit or pirated goods or services,
the effectiveness of market policies and
guidelines in addressing counterfeiting
and piracy, and the level of cooperation
with right holders and law enforcement.
• Any other additional information
relevant to the review.
III. Submission Instructions
All submissions must be in English
and sent electronically via
Regulations.gov. To submit comments,
locate the docket (folder) by entering the
docket number USTR–2022–0010 in the
‘Enter Keyword or IP’ window at the
Regulations.gov homepage and click
‘search.’ The site will provide a searchresults page listing all documents
associated with this docket. Locate the
reference to this notice by selecting
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‘notice’ under ‘document type’ on the
left side of the search-results page, and
click on the link entitled ‘comment
now!’ You should provide comments in
an attached document, and name the
file according to the following protocol,
as appropriate: Commenter Name or
Organization_2022 Notorious Markets.
Please include the following
information in the ‘type comment’ field:
2022 Review of Notorious Markets for
Counterfeiting and Piracy. USTR prefers
submissions in Microsoft Word (.docx)
or Adobe Acrobat (.pdf) format. If the
submission is in another file format,
please indicate the name of the software
application in the ‘type comment’ field.
For further information on using
Regulations.gov, please select ‘how to
use Regulations.gov’ on the bottom of
any page.
Please do not attach separate cover
letters to electronic submissions.
Instead, 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.
Please include the name, email
address, and phone number of an
individual USTR can contact if there are
issues or questions with the submission.
The contact information can be
included in the submission or sent to
Ariel Gordon, Director for Innovation
and Intellectual Property, at
notoriousmarkets@ustr.eop.gov or (202)
395–4510.
For any comment submitted
electronically that contains business
confidential information (BCI), the file
name of the business confidential
version should begin with the characters
‘BCI’. Any page containing BCI 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
that they would not customarily release
it to the public. Additionally, the
submitter should type ‘Business
Confidential 2022 Review of Notorious
Markets for Counterfeiting and Piracy’
in the ‘comment’ field. Filers of
comments containing BCI also must
submit a public version. Begin the file
name of the public version with the
character ‘P’. USTR will place the nonbusiness confidential version in the
docket at Regulations.gov and it will be
available for public inspection.
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As noted, USTR strongly urges
submitters to file comments through
Regulations.gov You must make any
alternative arrangements in advance of
the relevant deadline and before
transmitting a comment by contacting
Ariel Gordon at notoriousmarkets@
ustr.eop.gov or (202) 395–4510.
USTR will post comments in the
docket for public inspection, except
properly designated BCI. You can view
comments on Regulations.gov by
entering docket number USTR–2022–
0010 in the search field on the home
page.
Daniel Lee,
Assistant U.S. Trade Representative for
Innovation and Intellectual Property, Office
of the United States Trade Representative.
[FR Doc. 2022–18405 Filed 8–25–22; 8:45 am]
BILLING CODE 3290–F2–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Notice of Intent To Release Certain
Properties From All Terms, Conditions,
Reservations and Restrictions of a
Quitclaim Deed Agreement Between
the City of Gainesville and the Federal
Aviation Administration for the
Gainesville Regional Airport,
Gainesville, FL
52611
Documents are available for
review at Gainesville Regional Airport,
and the FAA Airports District Office,
8427 SouthPark Circle, Suite 524,
Orlando, FL 32819. Written comments
on the Sponsor’s request must be
delivered or mailed to: Jenny IglesiasHamann, Community Planner, Orlando
Airports District Office, 8427 SouthPark
Circle, Suite 524, Orlando, FL 32819.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Jenny Iglesias-Hamann, Community
Planner, Orlando Airports District
Office, 8427 SouthPark Circle, Suite
524, Orlando, FL 32819, (407) 487–
7234.
Section
125 of The Wendell H. Ford Aviation
Investment and Reform Act for the 21st
Century (AIR-21) requires the FAA to
provide an opportunity for public notice
and comment prior to the ‘‘waiver’’ or
‘‘modification’’ of a sponsor’s Federal
obligation to use certain airport land for
non-aeronautical purposes.
Revision Date: August 23, 2022.
SUPPLEMENTARY INFORMATION:
Bartholomew Vernace,
Manager, Orlando Airports District Office,
Southern Region.
[FR Doc. 2022–18392 Filed 8–25–22; 8:45 am]
BILLING CODE 4910–13–P
Federal Aviation
Administration (FAA), DOT.
ACTION: Request for public comment.
DEPARTMENT OF TRANSPORTATION
The FAA hereby provides
notice of intent to release 6.71 acres at
the Gainesville Regional Airport,
Gainesville, FL from the conditions,
reservations, and restrictions as
contained in a Quitclaim Deed
agreement between the FAA and the
City of Gainesville , dated October 15,
1948. The release of property will allow
the City of Gainesville to dispose of the
property for other than aeronautical
purposes. The property is located on the
in the North one-half of Section 23 and
24, Township 9 South, Range 20 East,
Gainesville, Alachua County, Florida.
The parcel is currently designated as
surplus property. The property will be
released of its federal obligations for the
purpose of selling the property at fair
market value for light industrial future
commercial development. The fair
market value lease of this parcel has
been determined to be $216,000.
Documents reflecting the Sponsor’s
request are available, by appointment
only, for inspection at the Gainesville
Regional Airport and the FAA Airports
District Office.
DATES: Comments are due on or before
September 26, 2022.
Notice of Intent of Waiver With Respect
to Land; French Lick Municipal Airport,
French Lick, IN
AGENCY:
SUMMARY:
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Federal Aviation Administration
Federal Aviation
Administration (FAA), DOT.
AGENCY:
ACTION:
Notice.
The FAA is considering a
proposal to change 18.23 Acres of
airport land from aeronautical use to
non-aeronautical use and to authorize
the sale of airport property located at
French Lick Municipal Airport, French
Lick, IN. The aforementioned land is not
needed for aeronautical use. The current
county road adjacent to the subject
property was constructed on previous
airport property sold by the Airport to
Orange County; however, due to
unforeseen geological conditions, the
road has failed multiple times. As a
corrective action, Orange County, in
partnership with the Indiana
Department of Transportation seek to
realign a portion of the road to a
location to avoid the region with the
geologic issues. In order to facilitate this
realignment, the Airport was
approached with a second request to
SUMMARY:
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Agencies
[Federal Register Volume 87, Number 165 (Friday, August 26, 2022)]
[Notices]
[Pages 52609-52611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18405]
=======================================================================
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket Number USTR-2022-0010]
2022 Review of Notorious Markets for Counterfeiting and Piracy:
Comment Request
AGENCY: Office of the United States Trade Representative.
ACTION: Request for comments.
-----------------------------------------------------------------------
SUMMARY: The Office of the United States Trade Representative (USTR)
requests comments that identify online and physical markets to be
considered for inclusion in the 2022 Review of Notorious Markets for
Counterfeiting and Piracy (Notorious Markets List). The Notorious
Markets List identifies examples of online and physical markets that
reportedly engage in or facilitate substantial copyright piracy or
trademark counterfeiting. The issue focus for the 2022 Notorious
Markets List will examine the impact of online piracy on U.S. workers.
DATES:
October 7, 2022, at 11:59 p.m. ET: Deadline for submission of
written comments.
October 21, 2022, at 11:59 p.m. ET: Deadline for submission of
rebuttal comments and other information USTR should consider during the
review.
ADDRESSES: You should submit written comments through the Federal
eRulemaking Portal: https://www.regulations.gov (Regulations.gov).
Follow the instructions for submitting comments in section III below.
For alternatives to online submissions, please contact Ariel Gordon at
[email protected] or (202) 395-4510 before transmitting a
comment and in advance of the relevant deadline.
FOR FURTHER INFORMATION CONTACT: Ariel Gordon, Director for Innovation
and Intellectual Property, at [email protected] or (202)
395-4510. 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 these illicit activities
cause significant financial losses for right holders, legitimate
businesses, and governments. In addition, they 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 and privacy and security. Conducted under the auspices of the
Special 301 program and the authority of the U.S. Trade Representative
to address practices that have significant adverse impact on the value
of U.S. innovation, the Notorious Markets List identifies examples of
online and physical markets that reportedly engage in or facilitate
substantial copyright piracy or trademark counterfeiting that infringe
on U.S. intellectual property (IP).
Beginning in 2006, USTR identified notorious markets in the annual
Special 301 Report. In 2010, USTR announced that it would publish the
Notorious Markets List as an out-of-cycle review, separate from the
annual Special 301 Report. USTR published the first Notorious Markets
List in February 2011. USTR develops the annual Notorious Markets List
based upon public comments solicited through the Federal Register and
in consultation with 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 or counterfeiting to adopt business
models that rely on the licensed distribution of legitimate content and
products and to work with right holders and enforcement officials to
address infringement. USTR also encourages foreign government
authorities to intensify their efforts to investigate reports of piracy
and counterfeiting in such markets, and to pursue appropriate
enforcement actions. The Notorious Markets List does not purport to
reflect findings of legal violations, nor does it reflect the U.S.
Government's analysis of the general IP protection and enforcement
climate in the country or countries concerned. For an analysis of the
IP 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.
[[Page 52610]]
II. Public Comments
USTR invites written comments concerning examples of online and
physical markets that reportedly engage in and facilitate substantial
copyright piracy or trademark counterfeiting that infringe on U.S. IP.
USTR also invites written comments for the Notorious Markets List issue
focus that highlights an issue related to the facilitation of
substantial trademark counterfeiting or copyright piracy. The issue
focus for the 2022 Notorious Markets List will examine the impact of
online piracy on U.S. workers.
To facilitate the review, 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
Notorious Markets List. Commenters should include the following
information, as applicable:
For online markets that engage in or facilitate substantial
counterfeiting:
The domain name(s) of the market, the name(s) of the
owner(s) or operator(s), the geographic area(s) where the market
operates, and whether the market is owned, operated, or otherwise
affiliated with a government entity.
Estimate of the number of goods sold or otherwise made
available on the market and any other indicia of the market's scale,
reach, or relative significance in a given geographic area or with
respect to a category of goods.
Estimate of the number and types of goods sold or
otherwise made available on the market that are counterfeit, either in
aggregate or in relation to the total number and types of goods sold or
otherwise made available on the market, a description of the
methodology used to create the estimate and the timeframe the estimate
was conducted, and information supporting the claims of counterfeiting.
Estimate of economic harm to right holders resulting from
the counterfeit goods and a description of the methodology used to
calculate the harm.
Whether the number and types of counterfeit goods or the
economic harm has increased or decreased from previous years, and an
approximate calculation of that increase or decrease for each year.
Whether the counterfeit goods sold or otherwise made
available on the market 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.
Any actions taken by right holders, such as discussing
concerns with the market, submitting takedown notices or requests to
remove counterfeit goods, sending cease and desist letters, or
requesting that the market enforce its terms of service or terms of
use, and the outcome of these actions.
Any actions taken by the market owners or operators to
remove, limit, or discourage the availability of counterfeit goods,
including policies to prevent or remove access to such goods, or to
disable seller or user accounts, the effectiveness of market policies
and guidelines in addressing counterfeiting, and the level of
cooperation with right holders and law enforcement.
Any other additional information relevant to the review.
For online markets that engage in or facilitate substantial piracy:
The domain name(s) of the market, the name(s) and
location(s) of the hosting provider(s), the name(s) and location(s) of
the owner(s) or operator(s), the geographic area(s) where the market
operates, and whether the market is owned, operated, or otherwise
affiliated with a government entity.
Revenue sources such as sales, subscriptions, donations,
upload incentives, or advertising, the methods by which that revenue is
collected, and the entities that help facilitate the market's revenue.
Description and estimate of economic harm to right holders
resulting from piracy and a description of the methodology used to
calculate the harm.
Whether the number of pirated goods or files, or the
economic harm, has increased or decreased from previous years, and an
approximate calculation of that increase or decrease for each year.
Any known contractual, civil, administrative, or criminal
enforcement activity against the market and the outcome of that
enforcement activity.
Any actions taken by right holders, such as discussing
concerns with the market, submitting takedown notices or requests to
remove URLs or pirated content, sending cease and desist letters, or
requesting that the market enforce its terms of service or terms of
use, and the outcome of these actions.
Any actions taken by the market owners or operators to
remove, limit, or discourage the availability of 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 piracy, and the level
of cooperation with right holders and law enforcement.
Any other additional information relevant to the review.
For physical markets that engage in or facilitate substantial
counterfeiting or piracy:
The market's name(s), street address, neighborhood or
shopping district, city, and the identity of the principal owner(s) or
operator(s).
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 the market.
Volume of counterfeit or pirated goods or services or
other indicia of the market's scale, reach, or relative significance in
a given geographic area or with respect to a category of goods or
services.
Description and estimate of economic harm to right holders
resulting from the piracy or counterfeiting and a description of the
methodology used to calculate the harm.
Whether the volume of counterfeit or pirated goods or
estimates of harm has increased or decreased from previous years, and
an approximate calculation of that increase or decrease for each year.
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 right holders, such as
discussing concerns with the market, sending cease and desist letters,
sending warning letters to landlords or requests to enforce the terms
of their leases, and the outcome of these actions.
Additional actions taken by the market owners or operators
to remove, limit, or discourage the availability of counterfeit or
pirated goods or services, the effectiveness of market policies and
guidelines in addressing counterfeiting and piracy, and the level of
cooperation with right holders and law enforcement.
Any other additional information relevant to the review.
III. Submission Instructions
All submissions must be in English and sent electronically via
Regulations.gov. To submit comments, locate the docket (folder) by
entering the docket number USTR-2022-0010 in the `Enter Keyword or IP'
window at the Regulations.gov homepage and click `search.' The site
will provide a search-results page listing all documents associated
with this docket. Locate the reference to this notice by selecting
[[Page 52611]]
`notice' under `document type' on the left side of the search-results
page, and click on the link entitled `comment now!' You should provide
comments in an attached document, and name the file according to the
following protocol, as appropriate: Commenter Name or Organization_2022
Notorious Markets. Please include the following information in the
`type comment' field: 2022 Review of Notorious Markets for
Counterfeiting and Piracy. USTR prefers submissions in Microsoft Word
(.docx) or Adobe Acrobat (.pdf) format. If the submission is in another
file format, please indicate the name of the software application in
the `type comment' field. For further information on using
Regulations.gov, please select `how to use Regulations.gov' on the
bottom of any page.
Please do not attach separate cover letters to electronic
submissions. Instead, 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.
Please include the name, email address, and phone number of an
individual USTR can contact if there are issues or questions with the
submission. The contact information can be included in the submission
or sent to Ariel Gordon, Director for Innovation and Intellectual
Property, at [email protected] or (202) 395-4510.
For any comment submitted electronically that contains business
confidential information (BCI), the file name of the business
confidential version should begin with the characters `BCI'. Any page
containing BCI 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 that they would not customarily release it to the public.
Additionally, the submitter should type `Business Confidential 2022
Review of Notorious Markets for Counterfeiting and Piracy' in the
`comment' field. Filers of comments containing BCI also must submit a
public version. Begin the file name of the public version with the
character `P'. USTR will place the non-business confidential version in
the docket at Regulations.gov and it will be available for public
inspection.
As noted, USTR strongly urges submitters to file comments through
Regulations.gov You must make any alternative arrangements in advance
of the relevant deadline and before transmitting a comment by
contacting Ariel Gordon at [email protected] or (202) 395-
4510.
USTR will post comments in the docket for public inspection, except
properly designated BCI. You can view comments on Regulations.gov by
entering docket number USTR-2022-0010 in the search field on the home
page.
Daniel Lee,
Assistant U.S. Trade Representative for Innovation and Intellectual
Property, Office of the United States Trade Representative.
[FR Doc. 2022-18405 Filed 8-25-22; 8:45 am]
BILLING CODE 3290-F2-P