[Federal Register Volume 75, Number 190 (Friday, October 1, 2010)]
[Notices]
[Pages 60854-60855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24710]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


2010 Special 301 Out of Cycle Review of Notorious Markets: 
Request for Public Comment

AGENCY: Office of the United States Trade Representative.

ACTION: Request for written submissions from the public.

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SUMMARY: Pursuant to Section 182 of the Trade Act of 1974 (Trade Act) 
(19 U.S.C. 2242) the United States Trade Representative (USTR) issues 
an annual review of the global state of intellectual property rights 
(IPR) protection and enforcement, conducted by the Office of the United 
States Trade Representative (USTR), commonly referred to as the

[[Page 60855]]

``Special 301 Report''. Included in this report is the ``Notorious 
Markets'' list, which is a compilation 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 list does not represent a finding of violation of 
law, but rather is a summary of information USTR reviewed during the 
Special 301 process that serves to highlight the problem of 
marketplaces that deal in infringing goods and help sustain global 
piracy and counterfeiting.
    In an effort to increase public awareness and guide related trade 
enforcement actions, USTR plans to begin publishing the notorious 
market list separately from the annual Special 301 report in which it 
has previously been included. USTR is hereby requesting written 
submissions from the public identifying potential Internet and physical 
notorious markets that exist outside the United States.
    Deadline for interested parties to submit written comments: 
November 5, 2010.

ADDRESSES: All written comments should be sent electronically via 
http://www.regulations.gov, docket number USTR-2010-0029. Submissions 
should contain the term ``2010 Special 301 Notorious Markets Review'' 
in the ``Type comment & Upload file'' field on http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Kira M. Alvarez, Chief Negotiator and 
Deputy Assistant U.S. Trade Representative for Intellectual Property 
Enforcement, Office of the United States Trade Representative, at (202) 
395-4510. Further information about Special 301 can be found at http://www.ustr.gov.

SUPPLEMENTARY INFORMATION: 

1. Background

    Global piracy and counterfeiting continue to thrive due in part to 
marketplaces that deal in infringing goods. The 2010 Special 301 Report 
provides, on pages 43-45, a list of markets, including those on the 
Internet, that have been the subject of enforcement action, or that may 
merit further investigation for possible IPR infringements, or both. 
The list represents a selective summary of information reviewed during 
the Special 301 process; it is not a finding of violations of law. In 
the report, the United States encourages the responsible authorities to 
step up efforts to combat piracy and counterfeiting in these and 
similar markets.
    The 2010 Joint Strategic Plan on Intellectual Property Enforcement 
stated that USTR, in coordination with the office of the Intellectual 
Property Enforcement Coordinator, would initiate an interagency process 
to assess opportunities to further publicize and potentially expand on 
the notorious markets list in an effort to increase public awareness 
and guide related trade enforcement actions. As a result of that 
discussion, USTR has concluded that it can further publicize and 
potentially expand on the notorious markets list by publishing the 
notorious market list separately from the annual Special 301 report in 
which it has previously been included, following a separate, dedicated 
request for comments. USTR expects to publish the list on the earliest 
practicable date after receipt of public comments.

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 November 5, 2010 
at 5 p.m.
    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.
    Comments should also include the following information for 
identifying these markets assessing their impact: Location; principal 
owners/operators (if known); types of products sold, distributed, or 
otherwise made available; any known civil or criminal enforcement 
activity against the market; any other efforts to remove/limit 
infringing materials; any positive progress made. 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-2010-0029.
    To submit comments to http://www.regulations.gov, find the docket 
by entering the number USTR-2010-0029 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 & Upload file'' 
field, or by attaching a document. It is USTR's preference that 
comments be provided in an attached document. If a document is 
attached, please type ``2010 Special 301 Notorious Markets Review'' in 
the ``Type comment & Upload file'' 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 ``Comments'' field.

3. Inspection of Comments, Notices, and Hearing Statements

    USTR will maintain a docket on the 2010 Special 301 Notorious 
Markets Review, 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-2010-0029 
in the search field on the home page.

Stanford K. McCoy,
Assistant U.S. Trade Representative for Intellectual Property and 
Innovation.
[FR Doc. 2010-24710 Filed 9-30-10; 8:45 am]
BILLING CODE 3190-W0-P