US Notorious Markets List for Counterfeiting and Piracy 2022

The Office of the United States Trade Representative (USTR) has released the 2022 Review of Notorious Markets for Counterfeiting and Piracy (Notorious Markets List). The list features 39 online markets and 33 physical markets that "engage in, facilitate, turn a blind eye to, or benefit from substantial piracy or counterfeiting". 

The online markets list includes Aliexpress, Taobao and WeChat, all of which also featured in the 2021 report, and the USTR states that there are some previously identified markets on this year's list "because owners, operators, and governments failed to address the stated concerns" of past reports. A continued criticism is that the list omits North American sites that are known to feature counterfeit goods such as Facebook, Amazon and Shopify although the report acknowledges that it is "not an exhaustive account of all physical and online markets worldwide in which IP infringement may take place". 

Some of the problems identified with the online markets in the list are:

• Aliexpress - Counterfeit sellers can obtain accounts fraudulently by using unrelated business licenses or operating multiple accounts to avoid penalties for repeat infringement. 
• Taobao - Proactive screening tools use keywords to remove counterfeit listings but do not analyse product prices to remove goods being sold far below market rates for fake luxury items. 
• WeChat - Counterfeit sellers often face only a brief suspension for violations and can re-register for new accounts easily.

The results of these yearly reports are certainly something to bear in mind for rights holders and brand protection professionals alike when considering anti-counterfeiting strategies both online and for physical marketplaces.