Takeaway: The USPTO is seeking public input on international draft guidelines to combat the $467 billion global trade in counterfeit goods sold online, noting the urgent need for coordinated enforcement and collaboration between governments, platforms, and IP holders to protect consumers and brand integrity.

The U.S. Patent and Trademark Office (USPTO) has published a request for public comments on draft guidelines aimed at combating the sale of counterfeit goods online, as part of a global initiative led by the Organisation for Economic Co-operation and Development (OECD). These “Draft Voluntary Guidelines for Countering Illicit Trade in Counterfeit Goods on Online Marketplaces” address key areas such as enforcement, sanctions, repeat infringers, transparency, international cooperation, and public awareness.

The USPTO will host a public hearing on June 5 in Washington, D.C., to facilitate dialogue between intellectual property rights holders, online marketplaces, and other stakeholders, with written comments accepted until June 27. The OECD’s initiative follows a report showing the global counterfeit trade reached $467 billion in 2021, with clothing, footwear, and leather goods being the most affected categories. China and Hong Kong were identified as the leading sources of counterfeit products. The OECD’s project is structured in three phases: identifying the problem, developing policy recommendations, and fostering public-private dialogue, with the upcoming hearing marking the start of the third phase.

Recent legal action, including the NBA’s lawsuit against foreign sellers of fake merchandise, underscores the urgency of addressing the issue. By inviting public participation and encouraging cooperation across sectors, the USPTO aims to refine and implement effective best practices that curb illicit trade while protecting consumers and intellectual property rights in the digital age.