（Provisional translation）

Date of Promulgation: June 3, 2014
Implementation Date: June 3, 2014
Abolishment Date:
Policymaker: SAIC

SAIC’s Opinion on the Legal Disclosure of Administrative Penalty Information of IPR Infringement and Counterfeit Sales and Manufacture Cases(For Trial Implementation)

In order to regulate industrial and commercial administrative organs to publish penalty information of administrative cases of manufacturing & selling counterfeit and shoddy products and IPR infringement, to improve the transparency and credibility of law enforcement, according to ‘the State Council approve the Work Leading Group of combating IPR infringement and selling counterfeit and shoddy goods on <opinions of legally making public about penalty of administrative cases of manufacturing & selling counterfeit and shoddy products and IPR infringement (trial)> (State Council [2014] No. 6), the captioned opinion is enacted hereby.

I.General rule

1.To accept the supervision from the masses of the people, industrial and commercial administrative organs should take the initiative to timely make public of the penalty of administrative cases applicable to general procedures regarding manufacturing and selling counterfeit and shoddy goods (hereinafter referred to penalty information of administrative cases regarding fake & shoddy products and infringement).

2．Industrial and commercial administrative organs make public about the penalty information of administrative cases regarding fake & shoddy products and infringement in accordance with < Law of the People’s Republic of China on Administrative Penalty > and <Regulations of the People’s Republic of China on Open Government Information> and other laws and regulations.

3．Industrial and commercial administrative organs shall record penalty information of administrative cases regarding fake & shoddy products and infringement into enterprise credit information publicity system, strengthen supervision of credit and social supervision and promote the construction of social credit system.

II.Cases scope and time limit

4．Penalty information of administrative cases which breach article 5 and 10 of unfair competition law and article 57 of trademark law of People’s Republic of China shall be made public initiatively and in accordance with the captioned opinion.

5．Penalty information of administrative cases which violates product quality law of People’s Republic of China shall be made public initiatively and in accordance with the captioned opinion.

6．Penalty decision of the administrative cases regarding manufacturing & selling and IPR infringement is made since June 1, 2014, which shall be publicized initiatively and in accordance with the captioned opinion.

III.Content and Form

7．The related industrial and commercial administration organ should take the initiative to open the full text of the administrative penalty decision when publicizing the penalty information of the administrative cases concerning fake & shoddy products and infringement, otherwise provided by the laws and regulations.

8．Industrial and commercial administration organs should publicize the penalty information of the administrative cases regarding fake & shoddy products and infringement within 20 days since the penalty decision were made. If any changes or revocations of the penalty occur due to the administrative reconsideration or administrative lawsuit, the related administrative authority shall change or revoke the penalty information within 20 working days since the change or revocation occurs.

9．Penalty information of the administrative cases regarding fake & shoddy products and infringement shall be made public by related industrial and commercial administrative organs via portal website or designated website.

IV.Regulations & Management

10．Industrial and commercial administrative organs should follow the principle of ‘who investigates, who makes public, who is responsible’, to establish a sound audit and control system for penalty information of the administrative cases regarding fake & shoddy products and infringement. The related administrative organs shall act on the captioned opinion to timely make public of the penalty information of administrative cases regarding fake & shoddy products and infringement.

11．If it is concerned with other administrative organs in the penalty information of the administrative cases regarding fake & shoddy products and infringement. Before publicizing the penalty information, related authority shall communicate and confirm with the concerned administrative organs to assure the consistency and accuracy of the information disclosed.

12．Penalty information of administrative cases regarding fake & shoddy products and infringement shall not include commercial secrets, as well as personal privacy of natural person, such as address, portrait, telephone number, financial status, etc. However, if the right holders consent to make the information public and the organs feel the damage to the public interests if not make the information public, under such circumstances, the information shall be made public then. Written paper concerning the contents of the information as well as the reasons of publication should be served to the right holders.

13．Disclosure of penalty information of administrative cases regarding fake & shoddy products and infringement shall not divulge state secrets, and harm the country’s political, economic security as well as social stability. If it is determined not to publicize the penalty information due to the above-mentioned circumstances, clear reasons should be stated and submit to the high-level authority for review and approval.

V.Supervision and Guarantee

14．Making public of the penalty information of administrative cases regarding fake & shoddy products and infringement shall be considered as an index and reference in supervision and inspection of government information opening work, to establish a sound performance appraisal system and accountability system, to implement the annual assessment, to strengthen the policy interpretation and training guidance work and to perfect the propaganda and education work.

15．Industrial and commercial administrative authorities shall strictly perform responsibilities and obligations of disclosing penalty information of administrative cases regarding fake & shoddy products and infringement. Higher authorities and supervision authorities shall strengthen the supervision and guidance, for those fail to perform disclosure of information, update the content of opening information timely, charge the fees illegally, rectifications shall be called for by the related authorities. Responsible person and leaders shall be liable for serious cases.

16．Industrial and commercial administrative organs should develop specific implementation rules and put them into practice in accordance with the captioned opinion and relevant provisions.

June 3, 2014