Every year, the Office of the United States Trade Representative (USTR) publishes the “Review of Notorious Markets for Counterfeiting and Piracy,” a report containing findings on various online and physical markets around the world that are suspected of facilitating large-scale Trademark counterfeiting and Copyright piracy.
The primary purpose of this report is to encourage governments, industry stakeholders, and platform operators worldwide to strengthen their efforts in preventing intellectual property violations, while also raising public awareness about the negative impact of piracy and counterfeit goods on the global economy.
In the latest 2025 Notorious Markets List (NML), released on March 3, 2026, USTR identified 37 online markets and 32 physical markets that are considered to have significant levels of intellectual property infringement activity.
So, where does Indonesia stand in this latest report?
Sports Broadcasting Piracy and the Digital Ecosystem Become Major Concerns
Many people may still be unaware that sports broadcasts, just like films or television series, are protected by Copyright. This means that broadcasting or distributing such content across various platforms without authorization and without paying the required licensing fees for broadcasting rights constitutes Copyright infringement.
For those aware of this, it may already be apparent that major global sporting events, such as MotoGP or the FIFA World Cup, are becoming increasingly difficult to watch without subscribing to specific platforms.
This situation arises because Copyright owners or rights holders for sports broadcasts set substantial licensing fees for these events. According to USTR, the global valuation of sports broadcasting rights reached approximately USD 62.6 billion in 2024.
As a result, any unauthorized “leak” or illegal streaming of such broadcasts is considered to cause significant economic losses to the global entertainment industry, making piracy of sports content a serious threat to both the creative industry and the broadcasting business model.
The report also highlights how the modern digital ecosystem—including hosting providers, streaming platforms, cyberlockers, and online advertising networks—can become channels for distributing pirated content if they lack adequate monitoring and complaint mechanisms.
E-Commerce and Social Media Become Key Channels for Counterfeit Goods
Another important finding in the report is the shift in counterfeit goods distribution from physical markets to digital platforms, particularly through:
- e-commerce marketplaces
- social commerce platforms
- influencer marketing
- misleading digital advertisements
Intellectual property rights holders have reported that fake advertisements and influencer promotions on social media are increasingly being used to direct consumers to counterfeit or pirated products.
However, the report also notes that several digital platforms have begun adopting stronger anti-counterfeiting policies, such as:
- seller identity verification
- faster notice-and-takedown systems
- automated detection tools for counterfeit products
- enhanced cooperation with rights holders and law enforcement authorities
These measures are considered essential to creating a safer digital commerce ecosystem for both consumers and Trademark owners.
What About Indonesia?
In previous editions of the report, Indonesia had been highlighted due to the circulation of counterfeit goods in both physical markets and e-commerce platforms.
In the latest report, however, the spotlight is primarily on physical markets, while Indonesian e-commerce platforms are no longer a major focus of concern.
This may indicate that improvements made by the Indonesian government, digital platforms, and Trademark owners are beginning to show positive results, particularly in:
- strengthening anti-counterfeiting policies within marketplaces
- cooperation with Trademark owners
- mechanisms for removing infringing product listings
- increasing public awareness of counterfeit products
Although challenges in intellectual property enforcement remain, the reduced scrutiny of Indonesia’s e-commerce sector in the latest report represents a significant development.
What Steps Can Be Taken Next?
For businesses—especially those engaged in international trade—reports such as the Notorious Markets List carry several important implications:
- They indicate the level of intellectual property infringement risk in certain markets or countries, helping businesses plan preventive measures and Trademark protection strategies.
- They influence the perception of investors and international trading partners, as countries with higher infringement risks may find it harder to attract investment.
- They encourage greater compliance and monitoring by digital platforms, since intellectual property violations in one country or region are increasingly monitored on a global scale.
Should you have questions regarding the latest USTR Notorious Markets report or about trademark protection in Indonesia and abroad, please contact us through the following channels and receive a FREE 15-minute consultation:
📩 E-Mail : [email protected]
📞 Book a Call : +62 21 83793812
💬 WhatsApp : +62 812 87000 889
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About AFFA:
Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.
