USPTO seeks feedback on online counterfeits

The US Patent and Trademark Office (USPTO) is holding a roundtable next week on the topic of combatting the trafficking of counterfeit products through online marketplaces, and also seeking feedback from stakeholders.

A notice posted on the Federal Register indicates that the aim of the meeting is to discuss efforts by the OECD's Working Party on Countering Illicit Trade (WP-CIT) – in which USPTO is a member – to develop and implement evidence-based analysis and policy recommendations to tackle the issue.

Earlier this month, the OECD released the latest version of its report on the global trade in counterfeit goods and pirated content, concluding that it was worth around $467bn in 2021, equivalent to approximately 2.3 per cent of total global imports.

Phase 1 and 2 of the initiative resulted in a set of guidelines that were released in draft form last year, and the USPTO wants comments from interested parties on phase 3, which has the target of encouraging a "public-private and cross-sectoral dialogue" on the guidance.

Specifically, it wants information on the following topics:

• Strategies to combat sales of counterfeit goods on online marketplaces
• Repeat infringers
• Enforcement and sanctions
• Information exchange, transparency, and public awareness
• Market surveillance
• Notifications and counternotifications
• Takedown of listings for counterfeit goods
• Accountability and liability
• Listings
• Third-party sellers
• International cooperation

If interested, you can register for the USPTO event here.