The Implementation Rules of SFGA on Disclosing the Information about Cases of Administrative Penalty over Counterfeiting and IPR Infringement (framework)

In order to carry out the Notice of the State Council on Approving and Forwarding the Implementation Rules(interim) of the National Leading Group on Fight against IPR Infringement and Counterfeiting on Information Disclosure of Administrative Penalty Cases over Counterfeiting and IPR Infringement (No. 6 [2014] of the State Council), and fully carry out the information disclosure work of SFGA about administrative penalty cases over counterfeiting of tree seeds and seedlings and IPR infringement upon new plant varieties (or “the administrative penalty cases against counterfeiting and IPR infringement”), these rules are hereby formulated as follows.

I. Leadership Organization

i. The Leading Group on Fight against IPR Infringement and Counterfeiting under the State Forestry and Grassland Administration (SFGA)takes charge of the information disclosure work onthe administrative penalty cases of counterfeiting and IPR infringement handled by SFGA.

ii. The Office of SFGA Leading Group on Fight against IPR Infringement and Counterfeiting takes charge of specific work on information disclosure on the administrative penalty cases of counterfeiting and IPR infringement.

II. General Requirements

iii. SFGA should actively and duly disclose the relevant information on the administrative penalty cases of counterfeiting and IPR infringement applicable of the general procedure of investigation. The disclosed case information should be accurate, authentic and subject to social supervision.

iv. The information disclosure of the administrative penalty cases of counterfeiting and IPR infringement shall comply with the provisions stipulated in the Law of P.R.C. on Administrative Penalty, the Regulation of P.R.C. on the Disclosure of Government Information and the Regulation on Procedure of Administrative Penalty in Forestry.

III. Disclosed Content

v. the cases disclosed by SFGA include those about counterfeiting of tree seeds and seedlings and IPR infringement upon new plant varieties tracked down by SFGA and disclosed at its official website.

vi. The disclosed case information includes reference number of the written administrative penalty decision, the case title, the name of regulation-violating enterprises or the name of illegal natural person, the unified social credit code of illegal enterprises, the name of legal person, major facts of malfeasance, types and basis for administrative penalty, execution method and term of administration penalty and issuing organs and date.

vii. As for the case concerning information on trade secrets of right holders for new plant varieties, SFGA should seek the opinions from the right holder(s) of such new plant varieties in advance. If the right holder(s) do not agree to disclose the relevant information, SFGA shall not disclose. If the case information involves the trade secrets of right holders for new plant varieties, such right holders should notify the SFGA in advance.

viii. In disclosing the information on the administrative penalty cases against counterfeiting and IPR infringement, SFGA shall not disclose the state secrets, harm the national political and economic security or affect the social stability.

ix. The relevant information about administrative penalty decisions which are changed or revoked upon administrative review or action should be duly publicized.

x. The relevant information on the administrative penalty cases against counterfeiting and IPR infringement to be disclosed under the application of citizens, legal persons or other organizations, should be handled in accordance with the Regulation of P.R.C. on the Disclosure of Government Information and the Implementation Measures of State Forestry Administration concerningRegulation of P.R.C. on the Disclosure of Government Information.

IV. Procedure and Management of Disclosure

These rules will come into force on August 1, 2018 and remain valid until July 31, 2023.

(Source: forestry.gov.cn)