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U.S. Lists 'Notorious Markets' of Stolen, Counterfeit Goods | 美国公布出售盗版和假冒商品的恶名市场名单

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【词汇准备】
1、notorious /noʊˈtorijəs/ - adj. 臭名昭著的 美语发音
2、counterfeit /ˈkaʊntɚˌfɪt/ - adj. 假冒的 美语发音
This 2011 image released by U.S. Immigration and Customs Enforcement shows a seized website that was selling counterfeit goods. 美国移民与海关执法局(U.S. Immigration and Customs Enforcement)2011年发布的一幅照片,图中的非法网站因销售假冒产品被抓获。
This 2011 image released by U.S. Immigration and Customs Enforcement shows a seized website that was selling counterfeit goods.美国移民与海关执法局(U.S. Immigration and Customs Enforcement)2011年发布的一幅照片,图中的非法网站因销售假冒产品被抓获。

Washington — There is good news and bad news in the global battle against marketplaces that offer stolen and counterfeit goods, the Office of the U.S. Trade Representative (USTR) says.

华盛顿——美国贸易代表办公室(the Office of the U.S. Trade Representative)表示,全球打击盗版和假冒商品市场的行动令人喜忧参半。

USTR Ron Kirk on December 13 announced the results of the Special 301 Out-of-Cycle Review of Notorious Markets. The review lists more than 30 Internet and physical markets that exemplify marketplaces that deal in infringing goods and services, supporting global piracy and counterfeiting.

12月13日,美国贸易代表罗恩·柯克(Ron Kirk)公布《特别301恶名市场非定期审查报告》(Special 301 Out-of-Cycle Review of Notorious Markets),列出30多个经营侵权产品和服务的因特网和实体市场。这些市场助长了全球盗版和假冒行为,具有一定的代表性。

The review also identifies examples of marketplaces that have been the subject of enforcement actions connected with counterfeiting and piracy, or that may merit further investigation for possible intellectual property rights (IPR) infringements.

该报告还列举了一些市场因涉及假冒和盗版行为需对其采取执法行动,还有些市场涉嫌侵犯知识产权(IPR),有待进一步接受调查。

But the review also reflects the removal of eight previously listed markets due to law enforcement actions against those markets, or significant voluntary actions by market operators aimed at addressing problems, USTR said.

但美国贸易代表办公室还指出,此次审查报告除去了过去被列入报告的8个恶名市场,因为有关方面已对这些市场采取执法行动,或市场经营者针对有关问题自愿采取了重大行动。

"We highlight the notorious markets that have a negative impact on legitimate businesses and industries of all sizes that rely on intellectual property to protect their goods and services," Kirk said. "I applaud the actions that some markets have taken to begin ridding their virtual and physical marketplaces of pirated and counterfeit goods, as well as enforcement actions taken by certain governments that have resulted in the shutdown of several other markets. "

柯克说:"我们重点列出一些对各种规模的合法企业和产业造成不利影响的恶名市场,这些企业和产业需要依靠知识产权保护自身商品和服务。我赞赏一些市场已经开始为清除虚拟或实体市场的盗版和假冒商品采取行动,也欢迎一些政府通过执法手段关闭了其他一些市场。"

The Notorious Markets Review identifies particularly infamous markets; it isn't an exhaustive list of all notorious markets around the world, USTR said. Inclusion in the Notorious Markets List does not reflect a finding of a violation of law. Nor does it reflect the United States government's analysis of the general IPR protection and enforcement climate in the country concerned; such analysis is contained in the annual Special 301 Report issued at the end of April. However, USTR said, it urges the responsible authorities to intensify efforts to combat piracy and counterfeiting in these and similar markets, and to use the information contained in the Notorious Markets Review to pursue legal actions where appropriate.

美国贸易代表办公室说,尽管《恶名市场审查报告》(Notorious Markets Review)列出了特别臭名昭著的一些市场,但是这份名单并不能囊括全球所有的恶名市场。被列入"恶名市场名单"(Notorious Markets List)并不说明已经对违法行为下了定论,也不代表美国政府对相关国家整体知识产权保护和执法环境的分析,这方面的分析包含在4月底发布的年度《特别301报告》(Special 301 Report)中。然而,美国贸易代表办公室表示会敦促有关当局加强打击名单所列的市场及类似市场的盗版和假冒行为,并利用《恶名市场审查报告》提供的信息在适当时采取法律行动。

POSITIVE DEVELOPMENTS 积极进展

The 2012 list highlights positive developments since the issuance of the previous Notorious Markets Review in December 2011. For example, Chinese website Taobao has worked with rights holders to significantly decrease the listing of infringing products for sale through its website, and has committed to continue working to streamline its complaint procedures to further reduce listings of counterfeit products. Similarly, USTR said, Chinese website Sogou has been removed from the new list "based on reports that it has also made notable efforts to work with rights holders to address the availability of infringing content on its site."

2012年的名单强调了自上一期《恶名市场审查报告》在2011年12月公布后取得的积极进展。例如,中国的淘宝网站通过与产权持有者合作大量减少列入销售目录的侵权产品,并承诺将继续努力简化投诉流程从而进一步减少网站列入的假冒产品。美国贸易代表办公室还表示,今年的恶名市场名单也去除了中国的搜狗网站,"因为有报告表明,搜狗为解决网站提供侵权内容的问题,与产权持有者共同进行了巨大努力。"

This 1998 photo shows a stall in the Quiapo district of Manila. The Philippine government has taken enforcement actions that have resulted in the district's removal from the list.这张1998年拍摄的照片中是马尼拉奎阿坡购物区的一个摊位。由于菲律宾政府采取执法行动,这处购物区已从名单中去除。
This 1998 photo shows a stall in the Quiapo district of Manila. The Philippine government has taken enforcement actions that have resulted in the district's removal from the list. 这张1998年拍摄的照片中是马尼拉奎阿坡购物区的一个摊位。由于菲律宾政府采取执法行动,这处购物区已从名单中去除。

USTR said the Philippine government has taken significant enforcement actions at the Quiapo Shopping District that has reduced the number of counterfeit and pirated goods available for sale there.

据美国贸易代表办公室说,菲律宾政府已经采取大量执法行动减少奎阿坡购物区(Quiapo Shopping District)贩卖的假冒和盗版商品数量。

In January 2012, the U.S. Department of Justice filed criminal copyright charges against defendants associated with the website MegaUpload, the cyberlocker site that actively promoted the unauthorized distribution of protected content through subscriptions and reward schemes for frequent uploaders. As a result of these actions, USTR said, several cyberlockers in the past year have changed their business models to reduce or eliminate piracy. Others, such as btjunkie, also included in last year's list, have shut down their operations completely, USTR said.

2012年1月,美国司法部(U.S. Department of Justice)以侵犯版权罪起诉与文档分享网站MegaUpload相关的被告方,该网站一直通过订阅制和奖励活动鼓励用户在未经授权的情况下频繁上传受到版权保护的内容。美国贸易代表办公室表示,由于采取了这些行动,很多文档分享网站去年都改变了经营模式以减少或杜绝盗版行为,而去年列入名单的btjunkie等网站已彻底关闭。

In addition, the Mexican government took action to shut down the operations of the previously listed Bit Torrent Tracker Demonoid. Both Modchip.ca and Consolesource, which were listed for involvement in the marketing of circumvention devices, have also reportedly been shut down before Canada implements its recently enacted Copyright Modernization Act, which includes new provisions against trafficking in circumvention devices. As a result of these actions, these sites are not included in this year's report.

另外,墨西哥政府采取行动关闭了过去被列入名单的Bit Torrent Tracker Demonoid网站。据报道,因涉及销售规避器件而被列入名单的Modchip.ca和Consolesource两家网站在加拿大执行最近颁布的《版权现代化法》(Copyright Modernization Act)前也已被关闭,这部法律新增了打击规避器件走私活动的条款。由于有关方面采取了行动,这些网站都没有再列入今年的名单中。

BACKGROUND 背景

USTR has identified notorious markets in the Special 301 Report since 2006. In 2010, USTR announced that it would begin to publish the Notorious Markets list separately from the Special 301 Report, to increase public awareness and guide related trade-enforcement actions. USTR published the first stand-alone Notorious Markets list in February 2011 and the second such report in December 2011.

自2006年以来,美国贸易代表办公室在《特别301报告》中列举恶名市场的情况。2010年,美国贸易代表办公室宣布在《特别301报告》之外单独公布一份恶名市场名单,用以增强公众意识并为采取相应的贸易执法行动提供指引。美国贸易代表办公室分别于2011年2月和12月公布了第一份和第二份独立的恶名市场名单。

附件:《恶名市场审查报告》(Notorious Markets Review document)

《恶名市场审查报告》(Notorious Markets Review document)关于中国市场的部分摘录

1、淘宝网和搜狗网从恶名市场解除

Examples of positive action at markets that USTR identified in the December 2011 list include those taken by a Chinese website, Taobao, which was included in previous Notorious Markets lists for the widespread availability of counterfeit and pirated goods in its electronic marketplace. Taobao has been removed from the 2012 List because it has undertaken notable efforts over the past year to work with rightholders directly or through their industry associations to clean up its site. In order to stay off the list in the future, we urge Taobao to further streamline procedures for submitting and responding to notifications to decrease the time required for taking down listings of counterfeit and pirated goods and to continue its efforts to work with and achieve a satisfactory outcome with U.S. rights holders and industry associations (for example in the apparel and footwear and software industries), as well as U.S. based small and medium sized enterprises (SMEs) and we ask these industries to report back expeditiously on the status of these efforts. Similarly, Chinese website Sogou has been removed from the 2012 List based on reports that it has also made notable efforts to work with rights holders to address the availability of infringing content on its site.

2、恶名市场:迅雷

Xunlei: This Chinese-based site facilitates the downloading and distribution of pirated music and movies, not only through deep-linking services, but also by offering cyberlocker facilities and through its own innovative high-speed P2P file sharing system. In addition, Xunlei's software can be configured to allow easy access to Gougou's deeplinking service.

3、恶名市场:狗狗网

Gougou: Industry reports that this China-based website continues to actively provide users with deeplinks to infringing music files and torrent links from unauthorized sources.

4、恶名市场:腾讯拍拍网

Paipai: This Chinese language sales platform has emerged as a new source of pirated and counterfeit goods in China. The site's anti-counterfeiting mechanisms are reportedly ineffective and appear mainly to serve as a superficial gesture.

5、恶名市场:百脑汇电脑市场

Buynow PC Malls (China): Rights holders report that the Buynow PC Mall, a very large personal computer mall chain in China, operating 22 stores across the country, is known for selling computers with illegal operating system software and other unlawfully pre-installed software.

6、恶名市场:福建莆田鞋类市场

Fu'an Footwear and Accessory Market (Putian, China)

Located in the province where most shoe manufacturing is concentrated, this market not only sells counterfeit products directly to the local population, but also ships its products to consumers in foreign markets via express delivery services.

7、 恶名市场:深圳罗湖商业中心

Luohu Commercial Center (Shenzhen, China): On the border between Shenzhen and Guangzhou provinces, and Hong Kong, this market is reportedly home to dozens of markets openly or clandestinely offering counterfeit or pirated goods. The display of signs prohibiting the sale of such goods has reportedly not served as an effective deterrent.

8、恶名市场:北京秀水街丝绸市场

Silk Market (Beijing, China) Rights holders have identified Beijing's Silk Street Market as a particularly prominent example of the distribution of counterfeit consumer and industrial products that is endemic in many retail and wholesale markets throughout China.

9、恶名市场:浙江义乌小商品城

Small Commodities Markets (Yiwu, China): The small commodities markets in Yiwu reportedly sell mostly consumer goods. Rights holders have reported that these wholesale markets are a center for the export of infringing good to international markets. Furthermore, although enforcement efforts over the years have reduced the presence of counterfeit products on display, many of the unbranded products (such as unbranded consumer electronics equipment) sold in the markets are reportedly the source of globally distributed counterfeit products to which the infringing marks are later attached.

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作者:hunter
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