Reply on issues related to information disclosure in administrative adjudication cases of patent infringement disputes


Release Time:

2022-06-17

Shandong Provincial Intellectual Property Office: "Request for instructions from the Shandong Provincial Intellectual Property Office on issues related to information disclosure in administrative adjudication cases of patent infringement disputes" has been received. After research, the reply is now approved as follows: "Guiding Opinions of the General Office of the State Council on the Comprehensive Implementation of the Administrative Law Enforcement Publicity System, the Recording System of the Whole Process of Law Enforcement, and the Legal Review System of Major Law Enforcement Decisions"

Reply of the State Intellectual Property Office on Issues Related to Information Disclosure in Administrative Adjudication Cases of Patent Infringement Disputes

Guozhifa Guarantee Letter [2022] No. 87

Shandong Provincial Intellectual Property Office:

"Request for instructions from the Shandong Provincial Intellectual Property Office on issues related to information disclosure in administrative adjudication cases of patent infringement disputes" has been received. After research, the reply is now approved as follows:

"Guiding Opinions of the General Office of the State Council on Comprehensively Implementing the Administrative Law Enforcement Disclosure System and the Recording System of the Whole Process of Law Enforcement and the Legal Review System of Major Law Enforcement Decisions" (Guobanfa [2018] No. 118) focuses on standardizing "administrative penalties, administrative coercion, administrative inspections, and administrative collections" "Requisition, administrative licensing and other acts" does not explicitly involve administrative adjudication acts.

Article 5 of the "Government Information Disclosure Regulations of the People's Republic of China" (State Council Order No. 711) (hereinafter referred to as the "Disclosure Regulations") stipulates that "administrative agencies should adhere to disclosure as the norm and non-disclosure as the exception, and follow the principles of fairness and justice when disclosing government information." "Principles of fairness, legality and convenience for the people", Article 13 stipulates that "Except for the government information stipulated in Articles 14, 15 and 16 of these Regulations, government information shall be disclosed".

According to the "Disclosure Regulations" and the materials requested by your office, our office believes that "administrative adjudication cases of patent infringement disputes that are determined not to be infringing" do not belong to the government as stipulated in Articles 14, 15, and 16 of the "Disclosure Regulations" information, government information disclosure should be carried out.

This is hereby approved.

 

 

State Intellectual Property Office 

June 14, 2022

 

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