China's GAPP Issues National Measures for Printing and Reproduction Enforcement Reporting and Evaluation

Xinchu Zhengfa [2011] No. 1

Recipients: press and publication bureaus of all provinces, autonomous regions and municipalities directly under the Central Government; the Press and Publication Bureau of the Xinjiang Production and Construction Corps; the Press and Publication Bureau of the Propaganda Department of the General Political Department of the People's Liberation Army; and the cultural market administrative law enforcement general teams of Beijing, Tianjin, Shanghai, Chongqing and the Ningxia Hui Autonomous Region.

To implement the national teleconference on IP protection and enforcement and the State Council General Office's Action Plan for Combating IP Infringement and the Production and Sale of Counterfeit and Shoddy Goods (Guo Ban Fa [2010] No. 50), GAPP has decided to set up a nationwide reporting and evaluation system for administrative enforcement in printing and reproduction. The aim is to track enforcement and case handling in a complete and timely way, clarify duties, standardize conduct, improve supervision, strengthen long-term management and create a healthy, orderly environment for building China into a strong printing and reproduction country. The decision relies on the Regulations on the Administration of the Printing Industry, the Regulations on the Administration of Audio-Visual Products and the Measures for the Administration of Reproduction. The Measures for the Implementation of the National Printing and Reproduction Administrative Law Enforcement Reporting and Evaluation System are now issued for local implementation.

Questions or issues arising during implementation should be directed to the Department of Printing and Distribution Management of GAPP.

Attachment: Measures for the Implementation of the National Printing and Reproduction Administrative Law Enforcement Reporting and Evaluation System

www.gapp.gov.cn/cms/cms/u ... 557327357558178.doc

Measures for the Implementation of the National Printing and Reproduction Administrative Law Enforcement Reporting and Evaluation System

Article 1 These Measures are made under the Regulations on the Administration of the Printing Industry, the Regulations on the Administration of Audio-Visual Products and the Measures for the Administration of Reproduction. Their purpose is to fulfill enforcement responsibilities in printing and reproduction, strengthen routine supervision, build a long-term management mechanism and support China's goal of becoming a strong printing and reproduction country.

Article 2 For these Measures, administrative enforcement in printing and reproduction covers the supervisory inspections and administrative penalties that press and publication administrative departments and comprehensive cultural market enforcement departments at all levels carry out within their duties over printing or reproduction business activities.

Article 3 GAPP guides national administrative enforcement in printing and reproduction and establishes the nationwide reporting and evaluation system.

Article 4 Under this system, provincial-level press and publication administrative departments and comprehensive cultural market enforcement departments in provinces, autonomous regions and municipalities directly under the Central Government report their local printing and reproduction enforcement work to GAPP, which evaluates that work.

Routine inspections and administrative penalties in printing and reproduction must be summarized and submitted every two months. For major printing and reproduction cases, basic information must be filed within two working days after the case is opened.

Article 5 When reporting routine inspections and penalties, the relevant provincial-level authorities must match their own duties against all items in the Summary Table of Administrative Inspections and Administrative Penalties in Printing and Reproduction (Appendix 1). They must verify and compile figures such as inspector numbers, inspection methods, inspection content, administrative handling and penalties, fill in data clearly, and submit the previous two months' summary on the first working day of each odd-numbered month.

Items within one's own duties but without data should be reported as zero; items outside one's own duties need not be filled in.

Article 6 For major printing and reproduction cases, the relevant provincial-level authorities must complete the Report Form for Major Printing and Reproduction Cases (Appendix 2) and submit it within two working days after the case is opened.

Major printing and reproduction cases are those causing serious harm to the state and society, involving serious illegal business conduct, huge illegal turnover, or many regions or enterprises. Any of the following makes a case major:

(1) cases instructed for investigation by leading officials of the CPC Central Committee, the State Council or other relevant authorities;

(2) cases violating Article 3 of the Regulations on the Administration of the Printing Industry and Article 3 of the Regulations on the Administration of Audio-Visual Products that may cause serious social impact or seriously harm national interests;

(3) cases where the printing and reproduction business license may be revoked according to law;

(4) cases with illegal business revenue of 30,000 yuan or more;

(5) cases involving three or more provinces, autonomous regions or municipalities directly under the Central Government, or five or more printing and reproduction enterprises;

(6) cases where violence or coercion obstructs enforcement, causing injury or death among enforcement personnel or other severe social impact;

(7) other cases that seriously disrupt market administration order in printing and reproduction.

Article 7 GAPP tracks and guides provincial-level authorities in their printing and reproduction inspections and penalties, and coordinates with relevant departments to supervise key major cases.

Article 8 Based on the inspection and penalty reports submitted by provincial-level authorities, GAPP evaluates local printing and reproduction enforcement work after verification and supervision.

Article 9 Evaluation follows the principles of fairness, transparency and effectiveness. It mainly covers:

(1) supervision and inspection, including inspection frequency, methods, content and priorities;

(2) administrative penalties, including case numbers, fines, suspension for rectification and license revocations;

(3) enforcement teams, including staffing, funding, training and assessment;

(4) market order, including key-area market order, publication printing and read-only optical disc reproduction;

(5) enforcement reporting, including the Summary Table of Administrative Inspections and Administrative Penalties in Printing and Reproduction, the Report Form for Major Printing and Reproduction Cases and other enforcement feedback.

Article 10 Evaluation has three steps: local self-assessment, inspection and verification, and public announcement.

Local self-assessment means provincial-level press and publication administrative departments and comprehensive cultural market enforcement departments submit a summary evaluation report based on their annual printing and reproduction enforcement work. Inspection and verification means GAPP reviews those reports, takes into account opinions from associations and other industry organizations, and determines the results.

Public announcement means GAPP publishes the evaluation results after a seven-working-day public notice period.

Article 11 Evaluation results fall into three categories: [ ], qualified and unqualified.

Failure to submit, as required, the Summary Table of Administrative Inspections and Administrative Penalties in Printing and Reproduction, the Report Form for Major Printing and Reproduction Cases and the annual summary evaluation report on printing and reproduction enforcement will result in an unqualified rating.

Article 12 Evaluation is conducted once a year, and results are in principle published before the end of the year. Copies are sent to the people's governments and Party committee publicity departments of the relevant provinces, autonomous regions and municipalities directly under the Central Government.

Article 13 GAPP commends units rated [ ] in the evaluation and other units and individuals with outstanding achievements in printing and reproduction enforcement.

Article 14 Serious falsification or major disciplinary violations in implementing the reporting and evaluation system will lead to public criticism and an unqualified rating.

Article 15 GAPP interprets these Measures.

Article 16 These Measures take effect from the date of issuance.

Appendix 1_Summary Table of Inspection and Administrative Penalty Work in Printing and Reproduction

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Appendix 2_Report Form for Major Cases in Printing and Reproduction

General Administration of Press and Publication

January 11, 2011

— This article is reposted from China Packaging Network (pack.cn). Original link: http://news.pack.cn/show-362143.html