2022-02-19-美国贸易代表处-2021假冒和盗版恶名市场报告_56页_622kb

2021 Review of Notorious Markets for Counterfeiting and Piracy Summary

Core Content

The 2021 Review of Notorious Markets for Counterfeiting and Piracy is a comprehensive report by the United States Trade Representative (USTR) that identifies online and physical markets where significant copyright piracy and trademark counterfeiting occur. It serves as a tool to encourage coordinated action by governments and the private sector to address these issues.

The report emphasizes the adverse impact of counterfeiting on workers, particularly those involved in the production of counterfeit goods. It highlights the lack of labor protections in these illicit operations, which often operate in the informal economy, and the prevalence of forced labor, child labor, and unsafe working conditions.

The NML (Notorious Markets List) is not a legal finding but a list of markets that contribute to the global trade in counterfeit and pirated goods. It reflects the USTR’s efforts to identify markets that either facilitate or benefit from such activities and is based on publicly available information.

Main Points

1. Impact on Workers

• Counterfeit manufacturing often occurs in illicit and unregulated workplaces, increasing worker vulnerability.
• Forced labor and child labor are common in these operations, especially in the production of counterfeit goods like garments, electronics, and fashion accessories.
• Hazardous working conditions, restricted freedom of movement, and suppressed wages are also documented.
• USTR and TRACIT stress the need for greater coordination between IP enforcement and labor rights organizations to address these violations.

2. Positive Developments

• Some markets have seen reduced counterfeiting due to government enforcement and voluntary actions by private entities.
• USTR commends efforts in combating counterfeit and pirated goods, especially in response to the COVID-19 pandemic.
• Thailand, Brazil, China, and the U.S. have taken notable steps, including raids, arrests, and legal actions against counterfeit operations.
• Philippines IPOPHL has entered into Memorandums of Understanding (MOUs) with international organizations and e-commerce platforms to enhance enforcement.

3. Online Piracy Efforts

• Pirate streaming services and IPTV apps continue to be targeted by authorities and private entities.
• Operation 404 in Brazil, supported by the U.S. and U.K., resulted in the takedown of 334 piracy websites and 94 apps.
• Private groups like the Alliance for Creativity and Entertainment and BREIN have also made progress in shutting down piracy sites and services.
• "Piracy-as-a-service" platforms provide tools and infrastructure that make it easier for individuals to engage in large-scale piracy, such as website templates, content databases, and hosting services.

4. Key Markets Identified

• Online Markets: 1337X, 1FICHIER, 2EMBED, ALIEXPRESS, BESTBUYIPTV, CHALOOS, CHOMIKUJ, CUEVANA, DHGATE, DYTT8, EGY.BEST, FLOKINET, FLVTO, FMOVIES, LIBGEN, MP3JUICES, MPGH, NEWALBUMRELEASES, PELISPLUS, PHIMMOI, POPCORN TIME, RAPIDGATOR, RARBG, REVENUEHITS, RUTACKER, SCI-HUB, SHABAKATY, SHOPEE, THEPIRATEBAY, TOKOPEDIA, UPLOADED, VK, WECHAT (WEIXIN) E-COMMERCE ECOSYSTEM.
• Physical Markets: ARGENTINA, BRAZIL, CAMBODIA, CANADA, CHINA, INDIA, INDONESIA, KYRGYZ REPUBLIC, MALAYSIA, MEXICO, PARAGUAY, PERU, PHILIPPINES, RUSSIA, TURKEY, UKRAINE, UNITED ARAB EMIRATES, VIETNAM.

5. Need for Further Action

• Insufficient data and limited coordination between IP enforcement and labor rights monitoring remain significant challenges.
• The informal economy makes it difficult to detect and report labor violations in counterfeit operations.
• USTR encourages more research, documentation, and collaboration between relevant stakeholders to address the issue comprehensively.

Key Information

• The NML is part of the Special 301 process, which evaluates global IP protection and enforcement.
• Forced labor and child labor are most prevalent in the production of garments, electronics, footwear, and fashion accessories.
• China is the top country of origin for counterfeit goods seized by U.S. authorities.
• Social commerce platforms are increasingly being used to facilitate counterfeit sales, often lacking the necessary anti-counterfeiting tools.
• TRACIT and USTR advocate for inter-agency cooperation and improved enforcement capacities to address labor violations in counterfeit markets.

Conclusion

The 2021 NML underscores the intersection of intellectual property violations and labor rights abuses, highlighting the need for enhanced coordination between IP enforcement and labor monitoring bodies. It also acknowledges positive developments in some markets and encourages continued global efforts to combat counterfeit and pirated goods.