shutterstock_1083512990_sundry_photography
30 November 2020TrademarksSarah Morgan

Amazon, eBay, Google slate notorious markets nominations

The  US Trade Representative’s (USTR) annual counterfeiting and piracy report should not “target” US companies, according to the  Computer & Communications Industry Association (CCIA).

In a submission to the USTR, the association claimed that the inclusion of US internet companies in the upcoming list would be “inconsistent with the report’s purpose and contrary to the underlying statutory authority for the special 301 process”.

The special 301 report on notorious markets identifies trading partners that do not adequately or effectively protect and enforce IP rights.

This year, the USTR has said it will focus on examining the use of e-commerce platforms and other third-party intermediaries that facilitate the importation of counterfeit and pirated goods into the US.

Companies that CCIA represents—including Amazon, eBay, Google and Twitter—have been nominated by industry organisations for the list.

While the CCIA didn’t focus in-depth on the accusations against its members, it did state that US internet services companies continue to “devote significant resources to improving existing measures, as well as deploying new tools, to address counterfeits and infringement online”.

It added: “In addition to extensively collaborating and consulting with brand owners, these companies have created programs that encourage information sharing between all stakeholders to strengthen enforcement.”

According to the association, in addition to “straying beyond the purposes” of the report, the targeting of US companies would exceed the USTR’s mandate.

“It is difficult to reconcile how an agency with a mandate that is narrowly focused on international trade could use its resources and authorities to examine and criticise US companies’ business practices,” added the CCIA.

Both Facebook and Amazon, other members of CCIA, have submitted their own rebuttals to their nominations on the notorious markets list.

According to Facebook, the list should not be “misused to target US companies, particularly US companies that have developed and advanced industry-leading best practices to protect IP”. The social media company went on to outline its own IP protection measures.

Amazon, meanwhile, said that it “has never been and will never be a notorious market”. The platform added that several of its international stores were  wrongfully included in the 2019 notorious markets list as a result “of politically motivated animus”.

Did you enjoy reading this story?  Sign up to our free daily newsletters and get stories sent like this straight to your inbox

Already registered?

Login to your account

To request a FREE 2-week trial subscription, please signup.
NOTE - this can take up to 48hrs to be approved.

Two Weeks Free Trial

For multi-user price options, or to check if your company has an existing subscription that we can add you to for FREE, please email Adrian Tapping at atapping@newtonmedia.co.uk


More on this story

Patents
1 December 2020   The US International Trade Commission is set to investigate optical data cables used by Facebook and Logitech, following a complaint from California-based Cosemi Technologies.
Copyright
16 December 2020   Online commerce platforms Alibaba, Amazon, eBay have avoided inclusion on the European Commission’s 2020 watch list of counterfeiting and piracy hotspots, despite a number of nominations from stakeholders.
Trademarks
18 January 2021   The US Trade Representative has turned its attention to e-commerce and internet platforms in its latest Notorious Markets report on counterfeit goods.