January 29, 2018

The Commission intends to publish a “Counterfeit and Piracy Watch-List” in 2018, which will be updated regularly. The list will identify online and physical marketplaces situated outside the European Union that are reported to engage in or facilitate substantial IPR infringements, and in particular piracy and counterfeiting. The consultation is designed to help the Commission compile the list.

The list will describe the most problematic marketplaces, with special focus on online marketplaces, in order to encourage their operators and owners as well as local authorities and governments to take the necessary actions and measures to reduce the availability of IPR infringing goods or services.

The Commission will also monitor the measures and actions taken by the local authorities in relation to the listed marketplaces as well as the measures and actions taken by operators and marketplace owners to curb IPR infringements. The owners and operators of these marketplaces will be urged to adopt business models that rely on the licensed distribution of legitimate content and products and to work with rights holders and enforcement officials to address infringements.

The responsible government authorities will be expected to intensify their efforts to investigate reports of IPR infringements in such marketplaces, and to pursue appropriate enforcement actions if needed. The list will be an effective tool to raise consumer awareness concerning the environmental, product safety and other risks of engaging with these marketplaces.

The Counterfeit and Piracy Watch-List will not reflect findings of legal violations, nor will it reflect the European Union’s analysis of the general intellectual property rights protection and enforcement climate in the country or countries concerned.

The Commission is asking for written contributions from stakeholders identifying marketplaces that should be included in the Counterfeit and Piracy Watch-List for 2018. The deadline for submissions is 31 March 2018. To access the consultation, click here.