AIPLA Comments on the OECD's Working Party on Countering Illicit Trade (WP-CIT) Draft Voluntary Guidelines

Arlington, VA. August 25, 2025 – The American Intellectual Property Law Association (AIPLA) submitted comments to the USPTO on the OECD’s Draft Voluntary Guidelines for Countering Illicit Trade in Counterfeit Goods on Online Marketplaces, highlighting best practices for governments, online marketplace operators, and rights holders. While supporting the Guidelines overall, AIPLA recommended clarifications such as broadening their scope to potentially include virtual goods and other IP rights, capitalizing defined terms, and aligning definitions with TRIPS. Key suggestions included clearer, objective definitions of “repeat counterfeiters,” enhanced public education efforts, stronger and more transparent enforcement standards, and practical improvements to notification, takedown, and sanction procedures. AIPLA also emphasized the importance of flexibility, transparency, and collaboration across stakeholders, and encouraged adopting approaches like WIPO’s model of universal rules supplemented with optional guidance. The organization stressed its willingness to continue working with OECD and stakeholders to strengthen the Guidelines and help combat counterfeiting more effectively.

Click to the right to read the complete comments.