Development of a National Consumer Awareness Campaign on Combating the Trafficking in Counterfeit and Pirated Products

Published date10 February 2021
Citation86 FR 8894
Record Number2021-02724
SectionNotices
CourtCommerce Department,Patent And Trademark Office
Federal Register, Volume 86 Issue 26 (Wednesday, February 10, 2021)
[Federal Register Volume 86, Number 26 (Wednesday, February 10, 2021)]
                [Notices]
                [Pages 8894-8895]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-02724]
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                DEPARTMENT OF COMMERCE
                Patent and Trademark Office
                [Docket No. PTO-C-2020-0044]
                Development of a National Consumer Awareness Campaign on
                Combating the Trafficking in Counterfeit and Pirated Products
                AGENCY: The United States Patent and Trademark Office, Department of
                Commerce.
                ACTION: Request for comments; reopening of comment period.
                -----------------------------------------------------------------------
                SUMMARY: The United States Patent and Trademark Office (USPTO or
                Office) published a request for comments in the Federal Register on
                November 17, 2020, seeking information from stakeholders, including,
                but not limited to, intellectual property rights holders, online third-
                party marketplaces, third-party intermediaries, other private sector
                stakeholders, other entities with experience in public-private
                awareness campaigns, and applicable government agencies on the
                ``Development of a National Consumer Awareness Campaign on Combating
                the Trafficking in Counterfeit and Pirated Products'' as a public-
                private partnership. Through this notice, the USPTO is reopening the
                period for public comment until March 12, 2021.
                DATES: Comment date: Written comments must be received on or before
                March 12, 2021.
                ADDRESSES: You may submit comments and responses to the questions below
                by one of the following methods:
                 (a) Electronic Submissions: Submit all electronic comments via the
                Federal e-Rulemaking Portal at www.regulations.gov (at the homepage,
                enter ``PTO-C-2020-0044'' in the ``Search'' box, click the ``Comment
                Now!'' icon, complete the required fields, and enter or attach your
                comments). The materials in the docket will not be edited to remove
                identifying or contact information, and the USPTO cautions against
                including any information in an electronic submission that the
                submitter does not want publicly disclosed. Attachments to electronic
                comments will be accepted in Microsoft Word or Excel or Adobe PDF
                formats only. Comments containing references to studies, research, and
                other empirical data that are not widely published should include
                copies of the referenced materials. Please do not submit additional
                materials. If you want to submit a comment with business confidential
                information that you do not wish to be made public, submit the comment
                as a written/paper submission in the manner detailed below.
                 (b) Written/Paper Submissions: Send all written/paper submissions
                to: United States Patent and Trademark Office, Mail Stop OPIA, P.O. Box
                1450, Alexandria, Virginia 22314. Submission packaging should clearly
                indicate that materials are responsive to Docket No. PTO-C-2020-0044,
                Office of Policy and International Affairs, Comment Request;
                Development of a National Consumer Awareness Campaign on Combating the
                Trafficking in Counterfeit and Pirated Products.
                 Submissions of Business Confidential Information: Any submissions
                containing business confidential information must be delivered in a
                sealed envelope marked ``confidential treatment requested'' to the
                address listed above. Submitters should provide an index listing the
                document(s) or information they would like the USPTO to withhold. The
                index should include information such as numbers used to identify the
                relevant document(s) or information, document title and description,
                and relevant page numbers and/or section numbers within a document.
                Submitters should provide a statement explaining their grounds for
                objecting to the disclosure of the information to the public as well.
                The USPTO also requests that submitters of business confidential
                information include a non-confidential version (either redacted or
                summarized) of those confidential submissions that will be available
                for public viewing and posted on www.regulations.gov. In the event that
                the submitter cannot provide a non-confidential version of its
                submission, the USPTO requests that the submitter post a notice in the
                docket stating that it has provided the USPTO with business
                confidential information. Should a submitter fail to either docket a
                non-confidential version of its submission or post a notice that
                business confidential information has been provided, the USPTO will
                note the receipt of the submission on the docket with the submitter's
                organization or name (to the degree permitted by law) and the date of
                submission.
                FOR FURTHER INFORMATION CONTACT: Charisma Hampton, USPTO, Office of
                Policy and International Affairs, at [email protected]. Please
                direct media inquiries to the Office of the Chief Communications
                Officer, USPTO, at 571-272-8400.
                 Request for Information: On November 17, 2020, the USPTO published
                a notice in the Federal Register requesting public input on the
                establishment of a national consumer awareness campaign designed to
                educate consumers on the direct and indirect costs and risks of
                counterfeit and pirated goods. See Request for Comments on the
                Development of a National Consumer Awareness Campaign on Combating the
                Trafficking in Counterfeit and Pirated Products, 85 FR 73264 (Nov. 17,
                2020). In that notice, the USPTO requested information from interested
                stakeholders, including, but not limited to, intellectual property
                rights holders affected by the sale of counterfeit goods offered
                through e-commerce platforms, online third-party marketplaces, third-
                party intermediaries, other private sector stakeholders, other entities
                with experience in public-private awareness campaigns, and applicable
                government agencies, in accordance with the call to action in the
                Department of Homeland Security's January 24, 2020, Report to the
                President of the United States titled ``Combating Trafficking in
                Counterfeit and Pirated Goods.''
                 To assist in gathering public input, the USPTO published questions
                and sought all input relevant to the development of guidelines, action
                plans, strategies, and best practices for establishing a public-private
                national consumer awareness campaign designed to educate consumers on
                the direct and indirect costs and risks of counterfeit and pirated
                goods.
                 Specifically, in that earlier notice, the USPTO sought the
                following types of information utilized or under
                [[Page 8895]]
                development by any public or private entity:
                (1) Educational curricula identifying direct and indirect harms
                associated with sales of counterfeit and pirated products
                (2) Strategies to ensure consumers make informed purchasing decisions
                (3) Public service announcements targeted to social media users
                (4) Methods to identify false and misleading information on e-commerce
                pages
                (5) Alerts for high-risk products and automated warnings describing
                health impacts
                (6) ``Red flag'' indicators for suspicious listings on e-commerce
                platforms
                (7) Incentives to empower consumers to participate in monitoring,
                detecting, and informing platforms and users of counterfeits
                 The notice requested public comments on or before January 4, 2021.
                 Through this notice, the USPTO is reopening the period for public
                comment until March 12, 2021, to give interested members of the public
                additional time to submit comments and provide information on the same
                topics. All other information and instructions to commenters provided
                in the November 17, 2020, notice remain unchanged. Previously submitted
                comments do not need to be resubmitted.
                Andrew Hirshfeld,
                Commissioner for Patents, Performing the Functions and Duties of the
                Under Secretary of Commerce for Intellectual Property and Director of
                the United States Patent and Trademark Office.
                [FR Doc. 2021-02724 Filed 2-9-21; 8:45 am]
                BILLING CODE 3510-16-P
                

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