Spain removed from the "2020 Review of Notorious Markets" blacklist on counterfeits

For the first time since 2017, the USTR removed Spain from the “2020 Review of Notorious Markets”. The blacklist included “La Jonquera market” in Gerona, for selling counterfeit products.

Specifically, on January 14, 2021, the Office of the United States Trade Representative (or USTR) has released the 2020 annual report, in which Spain no longer appears on its blacklist.

Since 2006, the report includes a list of the main physical and digital markets in the world considered responsible for the sale of counterfeits and piracy and that pose a threat to trade with the United States, due to intellectual property infringements (IP) on a large scale.

The situation in “La Jonquera market” in Gerona was very alarming. It was one of the largest counterfeiting black spots in Europe, being popular with tourists and being the border point between Spain and France.

Finally, the market has been removed from this blacklist. However, the US authorities emphasize that activities have been reduced in many physical markets, due to the lack of tourism and other circumstances caused by the pandemic. The USTR will continue to monitor them and may reevaluate them in the event that the offending activities reappear.

It is also the first time that the report includes a section for digital platforms that facilitate the importation of counterfeit or pirated products into the United States. With respect to Spain, the conclusions of the report are very positive and it was noted that the Spanish National Police completed a 2-year investigation by arresting 12 people responsible for illegally capturing and distributing television signals, as well as reselling the transmissions to others.

The Spanish Patent and Trademark Office, O.A. (SPTO) is responsible for “promoting initiatives and developing activities leading to better knowledge and the most adequate protection of IP.” Among the many anti-counterfeiting initiatives, it is worth highlighting the recent campaign under the slogan “Buy responsible, Make the Future Better” promoted together with the Ministry of Industry, Commerce and Tourism. You can view the campaign spot here. Moreover, the SPTO has the Stop Falsification Portal.

Finally, it is important to highlight the relevance of public-private cooperation between national and international institutions to combat the infringement of IP rights, since a coordinated action is clearly required, at all levels, to be fully addressed.

More information

Access to the USTR press release

Access to the report “2020 Review of Notorious Markets”