[Federal Register Volume 86, Number 26 (Wednesday, February 10, 2021)]
[Notices]
[Pages 8894-8895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02724]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket No. PTO-C-2020-0044]


Development of a National Consumer Awareness Campaign on 
Combating the Trafficking in Counterfeit and Pirated Products

AGENCY: The United States Patent and Trademark Office, Department of 
Commerce.

ACTION: Request for comments; reopening of comment period.

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SUMMARY: The United States Patent and Trademark Office (USPTO or 
Office) published a request for comments in the Federal Register on 
November 17, 2020, seeking information from stakeholders, including, 
but not limited to, intellectual property rights holders, online third-
party marketplaces, third-party intermediaries, other private sector 
stakeholders, other entities with experience in public-private 
awareness campaigns, and applicable government agencies on the 
``Development of a National Consumer Awareness Campaign on Combating 
the Trafficking in Counterfeit and Pirated Products'' as a public-
private partnership. Through this notice, the USPTO is reopening the 
period for public comment until March 12, 2021.

DATES: Comment date: Written comments must be received on or before 
March 12, 2021.

ADDRESSES: You may submit comments and responses to the questions below 
by one of the following methods:
    (a) Electronic Submissions: Submit all electronic comments via the 
Federal e-Rulemaking Portal at www.regulations.gov (at the homepage, 
enter ``PTO-C-2020-0044'' in the ``Search'' box, click the ``Comment 
Now!'' icon, complete the required fields, and enter or attach your 
comments). The materials in the docket will not be edited to remove 
identifying or contact information, and the USPTO cautions against 
including any information in an electronic submission that the 
submitter does not want publicly disclosed. Attachments to electronic 
comments will be accepted in Microsoft Word or Excel or Adobe PDF 
formats only. Comments containing references to studies, research, and 
other empirical data that are not widely published should include 
copies of the referenced materials. Please do not submit additional 
materials. If you want to submit a comment with business confidential 
information that you do not wish to be made public, submit the comment 
as a written/paper submission in the manner detailed below.
    (b) Written/Paper Submissions: Send all written/paper submissions 
to: United States Patent and Trademark Office, Mail Stop OPIA, P.O. Box 
1450, Alexandria, Virginia 22314. Submission packaging should clearly 
indicate that materials are responsive to Docket No. PTO-C-2020-0044, 
Office of Policy and International Affairs, Comment Request; 
Development of a National Consumer Awareness Campaign on Combating the 
Trafficking in Counterfeit and Pirated Products.
    Submissions of Business Confidential Information: Any submissions 
containing business confidential information must be delivered in a 
sealed envelope marked ``confidential treatment requested'' to the 
address listed above. Submitters should provide an index listing the 
document(s) or information they would like the USPTO to withhold. The 
index should include information such as numbers used to identify the 
relevant document(s) or information, document title and description, 
and relevant page numbers and/or section numbers within a document. 
Submitters should provide a statement explaining their grounds for 
objecting to the disclosure of the information to the public as well. 
The USPTO also requests that submitters of business confidential 
information include a non-confidential version (either redacted or 
summarized) of those confidential submissions that will be available 
for public viewing and posted on www.regulations.gov. In the event that 
the submitter cannot provide a non-confidential version of its 
submission, the USPTO requests that the submitter post a notice in the 
docket stating that it has provided the USPTO with business 
confidential information. Should a submitter fail to either docket a 
non-confidential version of its submission or post a notice that 
business confidential information has been provided, the USPTO will 
note the receipt of the submission on the docket with the submitter's 
organization or name (to the degree permitted by law) and the date of 
submission.

FOR FURTHER INFORMATION CONTACT: Charisma Hampton, USPTO, Office of 
Policy and International Affairs, at <a href="/cdn-cgi/l/email-protection#bbd8d3dac9d2c8d6da95d3dad6cbcfd4d5fbcec8cbcfd495dcd4cd"><span class="__cf_email__" data-cfemail="e7848f86958e948a86c98f868a97938889a79294979388c9808891">[email protected]</span></a>. Please 
direct media inquiries to the Office of the Chief Communications 
Officer, USPTO, at 571-272-8400.
    Request for Information: On November 17, 2020, the USPTO published 
a notice in the Federal Register requesting public input on the 
establishment of a national consumer awareness campaign designed to 
educate consumers on the direct and indirect costs and risks of 
counterfeit and pirated goods. See Request for Comments on the 
Development of a National Consumer Awareness Campaign on Combating the 
Trafficking in Counterfeit and Pirated Products, 85 FR 73264 (Nov. 17, 
2020). In that notice, the USPTO requested information from interested 
stakeholders, including, but not limited to, intellectual property 
rights holders affected by the sale of counterfeit goods offered 
through e-commerce platforms, online third-party marketplaces, third-
party intermediaries, other private sector stakeholders, other entities 
with experience in public-private awareness campaigns, and applicable 
government agencies, in accordance with the call to action in the 
Department of Homeland Security's January 24, 2020, Report to the 
President of the United States titled ``Combating Trafficking in 
Counterfeit and Pirated Goods.''
    To assist in gathering public input, the USPTO published questions 
and sought all input relevant to the development of guidelines, action 
plans, strategies, and best practices for establishing a public-private 
national consumer awareness campaign designed to educate consumers on 
the direct and indirect costs and risks of counterfeit and pirated 
goods.
    Specifically, in that earlier notice, the USPTO sought the 
following types of information utilized or under

[[Page 8895]]

development by any public or private entity:

(1) Educational curricula identifying direct and indirect harms 
associated with sales of counterfeit and pirated products
(2) Strategies to ensure consumers make informed purchasing decisions
(3) Public service announcements targeted to social media users
(4) Methods to identify false and misleading information on e-commerce 
pages
(5) Alerts for high-risk products and automated warnings describing 
health impacts
(6) ``Red flag'' indicators for suspicious listings on e-commerce 
platforms
(7) Incentives to empower consumers to participate in monitoring, 
detecting, and informing platforms and users of counterfeits

    The notice requested public comments on or before January 4, 2021.
    Through this notice, the USPTO is reopening the period for public 
comment until March 12, 2021, to give interested members of the public 
additional time to submit comments and provide information on the same 
topics. All other information and instructions to commenters provided 
in the November 17, 2020, notice remain unchanged. Previously submitted 
comments do not need to be resubmitted.

Andrew Hirshfeld,
Commissioner for Patents, Performing the Functions and Duties of the 
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2021-02724 Filed 2-9-21; 8:45 am]
BILLING CODE 3510-16-P


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