美国贸易代表处《2021假冒和盗版恶名市场报告》，阿里和微信生态被纳入了今年的名单-56页_466kb

2021 Review of Notorious Markets for Counterfeiting and Piracy Summary

Core Content

The 2021 Review of Notorious Markets for Counterfeiting and Piracy (NML) is a report by the U.S. Office of the United States Trade Representative (USTR), highlighting online and physical markets where significant copyright piracy and trademark counterfeiting occur. The report emphasizes the adverse effects of these illegal activities on workers, consumers, and the U.S. economy, and calls for international cooperation to address these issues.

Main Points

1. Adverse Impact on Workers

• Counterfeit manufacturing often takes place in illicit and unregulated environments, increasing the risk of labor abuses such as forced labor, child labor, and unsafe working conditions.
• Workers in counterfeit facilities are frequently exposed to hazardous materials, poor ventilation, and limited freedom of movement.
• The informal economy where counterfeiting thrives makes it difficult to detect and report labor violations.
• Certain product categories (e.g., garments, electronics, footwear) are commonly counterfeited and are also associated with labor exploitation.
• China is identified as the top country of origin for counterfeit goods and the country with the highest number of forced labor products.

2. Positive Developments Since 2020

• Some markets have reduced or eliminated counterfeit activity due to government enforcement or voluntary actions.
• Examples include:
  • Ajman China Mall in the UAE is now largely free of counterfeit goods.
  • Brazil re-arrested operators of a counterfeit perfume factory and increased seizures.
  • Thailand and Ukraine took actions against counterfeit goods and pirated content.
  • Philippines signed Memorandums of Understanding (MOUs) with international organizations and e-commerce platforms to combat counterfeiting and online piracy.
  • Private sector efforts have also led to the shutdown of several piracy services and online platforms.

3. Government Enforcement Activities

• Counterfeit goods:
  • UAE, Brazil, Thailand, and Ukraine have taken notable steps to enforce against counterfeit operations.
• Pirated content:
  • Brazil launched Operation 404, targeting piracy websites and IPTV apps.
  • India shut down TamilRockers and related pirate sites.
  • Germany and Thailand seized piracy-related hardware and devices.
  • Private entities such as BREIN and StarHub also played a role in combating online piracy.

4. Studies and Reports

• TRACIT released a report linking illicit trade to forced labor.
• The European Commission issued a Counterfeit and Piracy Watch List.
• The UK Competition and Markets Authority emphasized the need to monitor scam advertisements and counterfeit sales.
• Digital Citizens Alliance published a report on the role of advertiser-supported piracy in fueling illegal markets.

Key Information

• The NML is not a legal finding, but rather a tool to encourage action by the private sector and governments.
• It includes physical markets in countries such as Argentina, Brazil, China, India, Indonesia, Mexico, Russia, Turkey, Ukraine, and the UAE.
• It also includes online markets such as 1337X, 1FICHIER, 2EMBED, ALIEXPRESS, THEPIRATEBAY, and others.
• The Issue Focus for 2021 is on the impact of counterfeiting on workers, highlighting the need for coordinated efforts between IP right holders, labor organizations, and government agencies.
• USTR encourages collaboration between intellectual property enforcement and labor rights enforcement to improve transparency and accountability in supply chains.

Call to Action

• The USTR urges governments, right holders, and market operators to continue sustained efforts to combat counterfeiting and piracy.
• Increased coordination between IP enforcement and labor monitoring is essential to identify and address labor violations in the counterfeiting industry.
• More research and documentation are needed to understand the operations of illicit supply networks and their impact on workers.

Conclusion

The 2021 NML underscores the global scale of counterfeiting and piracy, and the significant harm they cause to workers, consumers, and the U.S. economy. While positive developments have occurred, continued enforcement and international cooperation are necessary to reduce these illegal activities and protect workers' rights.