China to disclose administrative punishment cases of IPR infringement

The State Council has endorsed the Opinions on Disclosing Administrative Punishment Cases of Manufacture and Sales of Fake and Shoddy Goods and Intellectual Property Infringement (for Trial Implementation) (hereinafter referred to as “the Opinions”) formulated by the Leading Group of the National Campaign against IPR Infringement and Counterfeit Products.

The Opinions consist of 6 parts, including 21 articles. It specifies content to be disclosed, as well as the access availablity, procedure, method and standardized management and safeguards with regard to the disclosure.

It requires governments at all levels to regard it as an important way of disclosing governmental information. Except trade secrets and personal privacy, administrative punishment cases of counterfeit and IPR infringement which general procedures are applicable to are required to be disclosed in an active manner. Administrative law enforcement bodies shall disclose cases in line with law within 20 working days after the penalty decisions are made or changed, including the main fact, punishment category, evidence and result related to violations of laws and regulations.

It also requires governments at all levels to establish and improve performance assessment system and accountability system to be supplemented with the disclosure initiative. [Chinese version is available on Xinhuanet.com]