1、 2021 Review of Notorious Markets for Counterfeiting and Piracy Table of Contents Overview of the Results of the 2021 Review of Notorious Markets for Counterfeiting and Piracy . 1 Issue Focus: The Adverse Impact on Workers Involved in the Manufacture of Counterfeit Goods . 3 Positive Developments Si
2、nce the 2020 Notorious Markets List . 10 Results of the 2021 Review of Notorious Markets . 14 Online Markets . 15 1337X . 17 1FICHIER . 17 2EMBED . 18 ALIEXPRESS . 18 BAIDU WANGPAN . 19 BESTBUYIPTV . 20 BLUEANGELHOST . 20 BUKALAPAK. 20 CHALOOS . 21 CHOMIKUJ . 21 CUEVANA . 22 DHGATE . 22 DYTT8 . 23 E
3、GY.BEST . 23 FLOKINET . 23 FLVTO . 24 FMOVIES . 24 INDIAMART . 24 ISTAR . 25 LIBGEN . 25 MP3JUICES . 25 MPGH . 25 NEWALBUMRELEASES . 26 PELISPLUS . 26 PHIMMOI . 27 PINDUODUO . 27 POPCORN TIME . 27 PRIVATE LAYER . 28 RAPIDGATOR . 28 RARBG . 29 REVENUEHITS . 29 RUTRACKER . 30 SCI-HUB. 30 SHABAKATY . 3
4、1 SHOPEE . 31 SPIDER . 32 TAOBAO . 32 THEPIRATEBAY . 33 TOKOPEDIA . 33 UPLOADED . 34 VK . 35 WECHAT (WEIXIN) E-COMMERCE ECOSYSTEM . 35 Physical Markets . 38 ARGENTINA . 39 BRAZIL . 40 CAMBODIA . 40 CANADA . 40 CHINA . 41 INDIA . 45 INDONESIA . 46 KRYGYZ REPUBLIC . 46 MALAYSIA . 46 MEXICO . 47 PARAGU
5、AY . 47 PERU. 48 PHILIPPINES . 48 RUSSIA . 49 TURKEY . 49 UKRAINE . 50 UNITED ARAB EMIRATES . 50 VIETNAM . 50 Public Information . 52 1 Overview of the Results of the 2021 Review of Notorious Markets for Counterfeiting and Piracy Commercial-scale copyright piracy and trademark counterfeiting1 cause
6、significant financial losses for U.S. right holders and legitimate businesses, undermine critical U.S. comparative advantages in innovation and creativity to the detriment of American workers, and pose significant risks to consumer health and safety. The 2021 Review of Notorious Markets for Counterf
7、eiting and Piracy (Notorious Markets List, or NML) highlights prominent and illustrative examples of online and physical markets that reportedly engage in, facilitate, turn a blind eye to, or benefit from substantial piracy or counterfeiting. A goal of the NML is to motivate appropriate action by th
8、e private sector and governments to reduce piracy and counterfeiting. The NML includes an Issue Focus section. For 2021, the Issue Focus examines the adverse impact of counterfeiting on workers involved with the manufacture of counterfeit goods. The illicit nature of counterfeiting requires coordina
9、tion between relevant actors, including intellectual property (IP) right holders, labor organizations, workers rights associations, and government enforcement agencies in order to effectively uncover and combat labor violations in counterfeiting operations across the globe. The NML also includes Pos
10、itive Developments, Online Markets, and Physical Markets sections. The Positive Developments section identifies actions that governments and private entities have taken this past year to reduce piracy and counterfeiting. The Online Markets and Physical Markets sections highlight markets that require
11、 further actions. The Office of the United States Trade Representative (USTR) highlights certain online and physical markets because they exemplify global counterfeiting and piracy concerns and because the scale of infringing activity in these markets can cause significant harm to U.S. IP owners, wo
12、rkers, consumers, and the economy. Some of the identified markets reportedly host a 1 The terms “copyright piracy” and “trademark counterfeiting” appear below as “piracy” and “counterfeiting,” respectively. 2 combination of legitimate and unauthorized activities. Others openly or reportedly exist so
13、lely to engage in or facilitate unauthorized activity. This years NML includes several previously identified markets because owners, operators, and governments failed to address the stated concerns. Other previously identified markets may not appear in the NML for a variety of reasons, including tha
14、t the market has closed or its popularity or significance has diminished; enforcement or voluntary action has significantly reduced the prevalence of IP-infringing goods or services; market owners or operators are cooperating with right holders or government authorities to address infringement; or t
15、he market is no longer a noteworthy example of its kind. In some cases, physical and online markets in the 2020 NML are not highlighted this year, but improvements are still needed, and the United States may continue to raise concerns related to these markets on a bilateral basis with the relevant c
16、ountries. The NML is not an exhaustive account of all physical and online markets worldwide in which IP infringement may take place. The NML does not make findings of legal violations nor does it reflect the U.S. Governments analysis of the general IP protection and enforcement climate in the countr
17、ies connected with the listed markets. A broader analysis of IP protection and enforcement in particular countries or economies is presented in the annual Special 301 Report published at the end of April each year. USTR developed the NML under the auspices of the annual Special 301 process2 and soli
18、cited comments through a Request for Public Comments published in the Federal Register (https:/www.regulations.gov, Docket Number USTR-2021-0013). The NML is based predominantly on publicly available information. USTR has identified notorious markets in the Special 301 Report since 2006. In 2010, US
19、TR announced that it would begin publishing the NML separately from the annual Special 301 Report, pursuant to an out-of-cycle review. USTR first separately published the NML in February 2011. 2 Please refer to the Public Information section below for links to information and resources related to Sp
20、ecial 301. 3 Issue Focus: The Adverse Impact on Workers Involved in the Manufacture of Counterfeit Goods This Administration is committed to a worker-centric trade policy as an essential part of the Build Back Better agenda that protects workers rights by fighting forced labor and exploitative labor
21、 conditions, and increases transparency and accountability in global supply chains. This years NML Issue Focus3 examines the adverse impact of counterfeiting on the workers who are involved in the manufacture of counterfeit goods. Inadequate labor market regulations contribute to the trade in counte
22、rfeit and pirated goods.4 Counterfeit manufacturing often occurs in clandestine work places outside the reach of labor market regulations and inspection systems, which increases the vulnerability of workers to exploitative labor practices. Evidence indicates that the production of counterfeit goods
23、exists alongside widespread labor abuses, from substandard and unsafe working conditions to child labor and forced labor. The illicit nature of counterfeiting requires coordination between relevant actors, including IP right holders, labor organizations, workers rights associations, and government e
24、nforcement agencies in order to effectively uncover and combat labor violations in counterfeiting operations across the globe. I. Counterfeit Manufacturers Operate Outside the Law, Increasing Worker Vulnerability Counterfeit product manufacturing occurs in illicit operations that by nature do not op
25、erate within the wide range of regulations, licensing requirements, government oversight, and government inspections that not only ensure products are safe for consumers, but also ensure 3 Each year, the “issue focus” section of the NML highlights an issue related to the facilitation of substantial
26、counterfeiting or piracy. Past issue focus sections highlighted e-commerce and the role of Internet platforms in facilitating the importation of counterfeit and pirated goods into the United States (2020), malware and online piracy (2019), free trade zones (2018), illicit streaming devices (2017), s
27、tream ripping (2016), emerging marketing and distribution tactics in Internet-facilitated counterfeiting (2015), and domain name registrars (2014). 4 Organisation for Economic Cooperation and Development (OECD) and European Union Intellectual Property Office (EUIPO), Trends in Trade in Counterfeit a
28、nd Pirated Goods (March 2019), https:/www.oecd-ilibrary.org/trade/trends-in-trade-in-counterfeit-and-pirated-goods_g2g9f533-en. 4 that the rights of workers are protected. A recent report by the Transnational Alliance to Combat Illicit Trade (TRACIT) outlines how the illicit trade in counterfeit mer
29、chandise is a subset of the informal economy that exists beyond the reach of the state such that production of these goods may be partially or totally concealed to avoid payment of taxes or to avoid labor or product regulations.5 The informal economy in which counterfeiting thrives makes the occurre
30、nce of labor abuses, including forced labor and child labor, in counterfeit production sites difficult to detect and report. Counterfeiting operations often exist outside of the monitoring ability of organizations including international and non-governmental organizations, such as the International
31、Labor Organizations Better Work Program, the Fair Labor Association, the Worker Rights Consortium, and the Clean Clothes Campaign.6 These organizations issue detailed public reports on workers rights violations, drawing upon their investigations, research, and interviews at production facilities. Ho
32、wever, facilities engaged in the production of counterfeit goods do not receive the same level of oversight and are not included in these investigations or reports. Therefore, the public pressure on companies and governments to improve working conditions and address forced labor and child labor viol
33、ations in legitimate production facilities does not exist in the same way for facilities that produce counterfeit goods. The regulatory and supervisory pressure, whether by government oversight or inspections by other organizations, on producers of legitimate goods does not, of course, eliminate wor
34、kers rights abuses, leaving potential violations undetected or unremediated in workplaces around the world. Working conditions in counterfeiting facilities, however, are observed to a much lesser degree and, therefore, have a much smaller opportunity to be remedied. As pointed out by the United Nati
35、ons Office on Drugs and Crime (UNODC), if workers rights violations “can happen in 5 TRACIT, The Human Cost of Illicit Trade: Exposing Demand for Forced Labor in the Dark Corners of the Economy at 15 (December 2021). 6 Standards can be based on codes of conduct and international labor standards, suc
36、h as those set by the International Labor Organization. See International Labor Organization, Labor Standards, https:/www.ilo.org/global/standards/lang-en/index.htm. 5 global companies whose supply-chain practices are at least open to some degree of scrutiny, then the situation would be much worse f
37、or workers in a clandestine setting.”7 II. Evidence of Forced Labor and Other Labor Violations in Counterfeiting Operations Government authorities, non-governmental organizations, and investigative journalists have documented evidence revealing that forced labor and child labor exists in counterfeit
38、 manufacturing operations, as well as other labor violations such as hazardous working and living conditions, restrictions on freedom of movement, and suppressed wages or wage garnishment. The informal economy, which includes the workplaces that produce counterfeit goods, is known to be where the va
39、st majority of child labor, forced labor, and human trafficking occurs.8 As reported by UNODC, workers are often coerced into producing counterfeit items, and children and migrants who have been smuggled into a country are among the most vulnerable targets.9 The U.S. Department of Homeland Security
40、agrees, explaining that counterfeit goods are “often produced in unsafe workplaces, with substandard and unsafe materials, by workers who are often paid little or sometimes nothing in the case of forced labor.”10 These abuses are not isolated to certain products or areas, but occur in counterfeit ma
41、nufacturing facilities across countries, regions, and industrial sectors. For example, in 2020 in Istanbul, Turkey, an investigative firm found evidence of child labor while conducting raids on production facilities of counterfeit luxury goods.11 Children were working on machinery to produce counter
42、feit handbags and engaged in detailed sewing work, a task for which employers sometimes prefer to hire children. In 2017 in Lima, Peru, owners of a counterfeit lightbulb operation that were found to be utilizing forced labor, including of minors, 7 UNODC, Focus on the Illicit Trafficking of Counterf
43、eit Goods and Transnational Organized Crime (February 2014), https:/www.unodc.org/documents/counterfeit/FocusSheet/Counterfeit_focussheet_EN_HIRES.pdf. 8 International Labor Organization, OECD, International Organization for Migration, and United Nations Childrens Fund, Ending Child Labor, Forced La
44、bor, and Human Trafficking In Global Supply Chains (November 2019), https:/www.ilo.org/ipec/Informationresources/WCMS_716930/lang-en/index.htm. 9 UNODC, Focus on the Illicit Trafficking of Counterfeit Goods and Transnational Organized Crime (February 2014), https:/www.unodc.org/documents/counterfeit
45、/FocusSheet/Counterfeit_focussheet_EN_HIRES.pdf. 10 DHS, Combating Trafficking in Counterfeit and Pirated Goods at 13 (January 2020), https:/www.dhs.gov/sites/default/files/publications/20_0124_plcy_counterfeit-pirated-goods-report_01.pdf. 11 TV2, P dette bakrommet lages din falske luksus-veske (Sep
46、tember 2020), https:/www.tv2.no/a/11494616/. 6 were charged with aggravated human trafficking. The workers were reportedly locked in shipping containers while the production was carried out in twelve-hour shifts. Non-governmental organizations and industry contacts have reported that factories locat
47、ed in China making counterfeit products often have unsafe working conditions that do not adhere to local or international environmental, health, and safety standards. Right holders report that detecting these facilities is increasingly difficult for them because the operators know their operations a
48、re illegal and therefore take measures to evade detection. For example, some factories producing counterfeit goods operate at night or with blacked out windows and limited ventilation, even if they use dangerous chemicals. One brand protection manager explained that factories making counterfeit good
49、s often save money by using chemicals, dyes, and adhesives that look and perform similarly to those in legitimate products but are unsafe for workers. Another contact claimed to have visited three counterfeit manufacturing factories in 2021 and described the conditions as “horrendously unsafe.” Rece
50、ntly, labor violations have been reported in the production of counterfeit personal protective equipment and other COVID-19 related products.12 These counterfeit products have been reported to be made in unsterile conditions, including in sweatshops previously used to make other types of counterfeit
