20146

201424

20

Machine Translation:

The State Council approved the national fight against infringement of intellectual property rights andManufacturing and selling fake and shoddy goods work leading group "onMaking and selling fake and shoddy goods and infringing upon intellectual property rightsAdministrative Punishment Case Information Opinion (Trial) "National hair [2014] on the 6th

The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government, ministries and commissions under the State Council,The State Council has approved the Opinions of the Leading Group on Combating Infringement of Intellectual Property Rights and the Production and Sale of Counterfeit and Inferior Commodities by the State Council, which is hereby transmitted to you, and is hereby conscientiously carried out in accordance with the relevant provisions of the Circular on Information Disclosure of Fake and Inferior Commodities and Infringement of Administrative Punishments by Intellectual Property Rights.

The State CouncilFebruary 4, 2014(This is a public release)

On the production and sale of counterfeit and shoddy goods and infringement of intellectual property rightsOpinions on Information of Administrative Punishment Cases (Trial)The national anti-infringement of intellectual property rights and the manufacture and sale of counterfeit and shoddy goods leading group

In order to standardize the information on public selling and selling of fake and shoddy goods and administrative penalty cases of infringing intellectual property rights (hereinafter referred to as fake and infringing administrative penalty cases), protect the rights and interests of consumers, enhance the credibility of law enforcement, and maintain fair market order, promote quality promotion and industrial upgrading. , To develop this opinion.First, the general requirements(1) The administrative law-enforcement organs shall, in principle, take the initiative and timely publicize the relevant information on the cases of fake and shoddy and administrative punishments investigated and handled by the general procedures and accept the supervision of the masses.(2) Administrative law-enforcement organs shall abide by the relevant laws and regulations such as the Administrative Punishment Law of the People's Republic of China and the Regulations on the Disclosure of Government Information of the People's Republic of China (hereinafter referred to as the Regulations on Open Government Information), and other relevant laws and regulations on publicizing cases of fake and shoddy and tort administrative punishments Regulations.Second, the public content(3) Information about the cases of fake and shoddy and administrative infringement that are publicly disclosed mainly refers to the contents stated in the written decision of administrative penalty and other information that should be disclosed in accordance with laws and regulations, and should generally include: the letter of the decision on administrative punishment; The name of the enterprise or other organization to be punished, the name of the legal representative, the main facts of the violation of the laws, regulations or rules, the type and basis of the administrative penalty, the manner and time limit of the administrative penalty, the name of the administrative enforcement agency And date.(4) If the decision on administrative penalty is changed or withdrawn due to administrative reconsideration or administrative litigation, relevant information shall be disclosed in a timely manner.(5) The administrative law enforcement organ shall promptly transfer the suspected criminal case according to the relevant provisions; and the information on the result of the administrative penalty shall be made public in cases transferred after the decision on administrative punishment is made.(6) The relevant information on cases of fake and shoddy and tort administrative penalty applied by citizens, legal persons or other organizations shall be handled in accordance with the Regulations on Open Government Information and the relevant laws and regulations.Third, the open authority(7) The administrative law enforcement organs of the people 's governments at or above the county level are responsible for the information disclosure of the cases of fake and shoddy and administrative penalties infringed by this organ.(8) The administrative law enforcement organs that carry out vertical management shall, on their own, determine the level of the information disclosure work concerning the fake and shoddy cases and administrative penalty cases.Fourth, public procedures and methods(9) Information on cases of fake and shoddy and infringing administrative penalties falling within the scope of active disclosure shall be made public within 20 working days from the date when the administrative law enforcement organ makes a decision on punishment or changes in the punishment decision. The information on cases of fake and shoddy and administrative penalties concerning the health and safety of the people and the masses of food and drug, sanitary equipment and agricultural means of production shall be disclosed in a timely manner in accordance with the provisions of the relevant laws and regulations. Where laws and regulations provide otherwise for the time limit for disclosure, such provisions shall prevail.(10) The administrative law enforcement organs shall, on the initiative of the government's website, publicly disclose the information of the cases of fake and shoddy administrative infringing administrative penalties, or choose public bulletin boards, press conferences, newspapers, radio and television, etc. to make them known to the public.(11) Relevant departments shall publicize information on cases of fake and shoddy and administrative penalties for infringement as an important content of the social credit information system so as to facilitate public inquiries.Fifth, norms and management(12) The administrative law enforcement agencies shall establish a sound information disclosure management system for cases of fake and shoddy and infringing administrative punishments, and appoint specialized agencies to be responsible for the daily work of information disclosure of fake and shoddy cases and infringing administrative punishments.(13) The administrative law-enforcement organs shall establish an internal examination mechanism for the publicization of information concerning cases of counterfeiting and infringing administrative punishments.(14) Administrative law enforcement agencies shall establish and perfect a mechanism for publicizing and coordinating the information disclosure of fake and shoddy cases and infringing administrative penalties. Where other administrative organs are involved, they shall communicate, confirm and ensure that the disclosed information is accurate and consistent before public disclosure.(15) The administrative law enforcement agencies shall establish a file management system that is open to information disclosure of fake and shoddy cases and infringing administrative penalties.(XVI) administrative law enforcement agencies public fake and infringing administrative punishment case information, shall not involve trade secrets and natural persons shelter, portraits, phone numbers, property status and other personal privacy. However, if the right holder agrees to disclose it or the administrative law enforcement agency considers that the disclosure may have a significant impact on the public interest, it may disclose it and notify the right holder of the decision in writing.(17) The administrative law-enforcement organs shall disclose the information of the cases of fake and shoddy and the administrative penalties for infringement, and shall not divulge state secrets, harm the political and economic security of the country and affect social stability. If the decision is made not to disclose the relevant information for the reasons mentioned above, the reasons shall be stated and submitted to the higher authorities for approval.(18) The administrative law enforcement agencies shall formulate relevant supporting measures, strengthen the training of law enforcement ranks at the grassroots level, raise the level of law enforcement, and orderly promote the information disclosure of fake and shoddy cases and infringing administrative penalties.VI, supervision and security(19) The people's governments at various levels shall incorporate the information disclosure of cases of fake and shoddy and infringing administrative punishments into the content of supervision and inspection of government information disclosure work, establish and improve the examination system and accountability system, and carry out regular assessment. To strengthen the policy interpretation and guidance of public opinion, do a good job related publicity and education.(20) administrative law enforcement agencies to strictly fulfill the fake and shoddy administrative penalties and information disclosure responsibilities and obligations. Supervisors and supervisory organs shall strengthen supervision and guidance, and shall be ordered to make corrections and hold accountable for acts that do not fulfill the obligations of information disclosure, do not promptly disclose or update information content, or collect fees in violation of regulations.(21) Administrative law enforcement agencies that assume information disclosure of fake and shoddy cases and infringement administrative punishments shall formulate specific implementation measures in accordance with this Opinion Requirement and relevant provisions and do a good job in carrying them out.