WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/FIN/O/4 
9 February 2007 
 (07-0559) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
 
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
FINLAND
 
  The present document reproduces the consolidated text
1 of the Decree on the Openness of 
Government Activities and on G ood Practice in Informati on Management 12.11.1999/1030 as 
amended up to 2002/380 incl., notified by Finland under Article 63.2 of the Agreement (see document 
IP/N/1/FIN/2). 
 
Conseil des aspects des droits de propriété  
intellectuelle qui touchent au commerce 
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
FINLANDE  
 
 Le présent document contient le texte actualisé1 du Décret 12.11.1999/1030 sur l'ouverture 
des activités gouvernementales et les bonnes prati ques de gestion de l'information, modifié 
jusqu'en 2002 (2002/380) inclusivemen t, notifié par la Finlande au titre de l'article 63:2 de l'Accord 
(voir le document IP/N/1/FIN/2). 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
FINLANDIA  
  En el presente documento se reproduce el texto
1 del Decreto 12.11.1999/1030 sobre la 
apertura de las actividades gubernamentales y las buenas prácticas en materia de gestión de la 
información y sus modificaciones hasta 2002 (2002/380)  inclusive, notificado por Finlandia en virtud 
de lo dispuesto en el párrafo  2 del artículo 63 del Acuerdo (v éase el documento IP/N/1/FIN/2). 
                                                      
1 In English only. The text is available for co nsultation by interested Delegations at the WTO 
Secretariat in Finnish and Swedish./En anglais seulement.  Les délégations intéressées peuvent consulter le texte 
en finnois et suédois au Secrétariat de l'OMC./En inglés solamente.  Las delegaciones interesadas podrán 
consultar en la Secretaría de la OMC el texto en finlandés y sueco. IP/N/1/FIN/O/4 
Page 2  
 
  Decree on the Openness of Government Activities and on Good Practice in 
Information Management 12.11.1999/1030 (Unofficial translation) 
 
(Amendments up to 2002/380 included) 
 
 
Chapter 1 
Ensuring good practice in information management 
 Section 1 – Assessments in support of good practice in information management  
 In order to plan and implem ent the measures referred to  in section 18, paragraph 1, 
subparagraph 4 of the Act on the Openness of  Government Activi ties (621/1999), and 
utilising the archive formation plan referred to in the Archives Act (831/1994), the authority 
shall clarify and assess the significance of its do cuments and information system and the data 
stored therein as well as its document and in formation management. In  the assessment of the 
need for measures, attention shall be paid to how the following can be secured:  (1) the right of access to official  documents in the public domain; 
 (2) the obligation to produce a nd disseminate information and to provide information on 
pending matters; 
 
(3) the protection of personal data , in particular sensitive data; 
 (4) the protection of documents whic h under law should be kept secret; 
 (5) restrictions on the purpose for which data can be used; 
 (6) the usability, integrity and quality of the data  in the performance of the functions of the 
authority and in co-operation among authorities;  (7) the quality of the data in particular when th ey are used as the basi s for decisions regarding 
individuals or corporations or as indicators of rights and obligations. 
 In addition, in order to implement good informa tion management practice, an assessment and 
evaluation shall be made of risks to the availability, usability, quality and protection of data as well as to the security of information sy stems, of methods available to decrease and 
eliminate such risks, and of the costs as  well as other effects of these measures. 
 On the basis of the assessments referred to in subparagraphs 1 and 2 the authority shall assess 
and implement the measures necessary to ach ieve goods information management practice. 
 Section 2  – Classification of specially protected information material 
 Secret documents and the information contai ned therein as well as documents and the 
information contained therein that  are otherwise restricted by law or the information content 
of which may, according to law, only be used  for a specific purpose (specially protected  IP/N/1/FIN/O/4 
 Page 3 
 
 
  information material), may be classified, unles s otherwise indicated by the special needs of 
the administrative sector of th e authority, into three separate  categories in accordance with 
what processing, protection and other informati on security demands are to be followed in 
creating, using, conveying, transferring, archivi ng, destroying or otherwise processing the 
information material.  If the unauthorised revelation and use of info rmation material would seriously endanger the 
public interests referred to in  section 24, subsections 1, 2, 5 and 8 through 11 of the Act on 
the Openness of Government Activities, said in formation material may be classified in the 
first specially protected in formation material category. 
 If the unauthorised revelation and use of inform ation material would significantly affect the 
interests for which the restrictions have been  enacted, said information material may be 
classified in the second specially prot ected information material category. 
 If the unauthorised revelation and use of inform ation material would damage or compromise 
the ability of the authority to function or business and professional secrets or the protection of personal data, said information material may be  classified in the third specially protected 
information material category.  Section 3  – General data security measures re garding specially protected information 
material  In processing specially protected informat ion material, the appropriate measures 
corresponding to the category sh all be implemented so that 
 (1) the facilities for the processing and storag e of the information material are sufficiently 
supervised and protected;  (2) access to the information systems is supe rvised and unauthorised entry into them is 
prevented through available means;  (3) only persons whose functions include consider ation of the matter use,  alter and otherwise 
process the information material, and rights of us e also otherwise are appropriately restricted 
and use is sufficiently supervised;  (4) data are provided from the material only by persons who are assigned with this function; 
 (5) data that are transferred through informa tion systems are kept secret as necessary. 
 
Section 18, paragraph 1, subparagraph 4 of the Act on the Openness of Government 
Activities contains provisions on  how the costs incurred by the measures are to be taken into 
consideration.  Section 4 – Instructions, supervision and monitoring 
 In planning the measures referred to in secti on 18, paragraph 1, subparagraph 5 of the Act on 
the Openness of Government Activities, particul ar attention shall be paid to the following: IP/N/1/FIN/O/4 
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(1) the authority to grant access to documents is defined;  (2) sufficient instructions are given on the re gistration of matters a nd documents and on the 
proper processing and protection of documents, data systems and the information contained 
in them at the different stages of consideration;  (3) lists and documents that desc ribe pending matters as well as lists and documents that have 
been prepared to implement the obligation to provide informati on on such matters are kept up 
to date.  The implementation of instructions and measures  shall be monitored to the extent necessary, 
their suitability as well as the need for reform sh all be assessed at suitable intervals, and steps 
shall be taken to correct any defects noted.   
Chapter 2 
Fulfilling and promoting the rights to obtain information 
 Section 5 – Document registers 
 In order to follow up on matte rs under its consider ation, the authority  shall maintain 
information on what diaries, lists, directors and other document management registers 
(document registers) it has or on how inform ation regarding the public documents that the 
authority has can othe rwise be obtained. 
 The authority shall ensure that the relationshi p between document registers is clarified and 
that, if possible, a matter under c onsideration is registered only once and that with the help of 
the document registers the orders given on th e basis of the Archives Act regarding the 
registration and listing of documents can be followed. 
 Section 6  –Information to be recorded in document registers 
 Entries shall be made in the document register, in respect of matters given to or taken by the 
authority for consideration, on:  (1) who submitted the matter, the date on which the document arrived or, if the document  has been prepared by the authority, the date on which it was prepared, and on the nature of 
the matter;  
(2) interim measures that have been taken, such as proceedings as well as requests for 
clarification and comment as we ll as the related documents; 
 (3) final measures in the matter and the related documents.  In planning and preparing the document register care shall be taken that the document register 
can be used effortlessly to provide information on the publ ic notations made in it. 
  IP/N/1/FIN/O/4 
 Page 5 
 
 
  Separate provisions and orders apply to the archive list and court diaries as well as other 
document registers.  Section 7  – Maintaining public access to document registers 
 The public shall be allowed access to document registers and the archive formation plan referred to in section 8 of the Archives Act in the registry or other public service point of the 
authority.  The diary scheme in use and the other bases fo r organizing documents shall be appended to 
the document register.  Section 8 – Information system descriptions 
 The authority shall prepare a de scription of the information system it maintains, indicating 
the purpose of the information system and the data contained therein. The public shall be 
provided access to the description in the registry  or other public service point of the authority, 
unless indicated otherwise by the secrecy pr ovisions. The description may also be 
incorporated as part of the archive formation plan. 
 Separate provisions apply to the register description that is to be prep ared on personal data 
files. 
 
 
Chapter 2 a 
Communication in State administration (23.5.2002/380) 
 Section 8 a  – The purpose of communication by State authorities (23 May 2002/380) 
 The purpose of information, publishing and othe r communication by State administrative 
authorities, other State offices and institutions as well as courts and other judicial authorities (State authorities) is to promote openness and produce and distribute information that 
provides individuals and corporat ions with opportunities to form ulate as true a picture as 
possible of the activity of the authorities, to influence matters of general importance that are 
pending before the administrative authorities,  and to protect their interests and rights. 
 In planning and implementing communication by State authorities consideration shall be 
given to the significance of communication in the effective performance of the statutory 
functions of the authority and in co-opera tion between the authority and nongovernmental 
organisations as well as interest groups. 
 
Section 8 b  – The planning of comm unication (23 May 2002/380) 
 The State authority shall, with consideratio n to its statutory duties and the assessments 
referred to in section 1, assess and plan measures  in order to fulfil the obligations contained 
in sections 19 and 20 of the Act on the Ope nness of Government Activities (communication 
plan).  IP/N/1/FIN/O/4 
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  In preparing the communication plan, particular attention shall be paid to how the following 
can be achieved:  (1) ensuring the ability of individuals and corporations to obtain information on pending 
matters of general importance and to presen t their views at different stages of the 
proceedings;  (2) providing general ad vice on the services provided by th e authorities and matters pending 
before the authorities, so that to the extent possible said advice reaches  those who are entitled 
to such services as well as othe rs who are in need of the advice; 
 (3) attending to the needs of the Swedish- speaking population for receiving information on 
matters related to the life, health and safety of the individual and in order to secure their rights;  (4) attending to the different special inform ation needs of various  population groups, non-
governmental organisations, corporations and the mass media towards the activity of the 
authority;  (5) carrying out communication in co-opera tion with other aut horities and private 
corporations;  (6) arranging the monito ring of communication. 
 The communication plan shall be reviewed sufficiently often. 
 Section 8 c  – The arrangement of co mmunication (23 May 2002/380) 
 The authority shall ensure that the prerequi sites for communication have been secured in 
order to achieve openness in the authority’s activ ity. For this purpose particular care shall be 
taken that:  (1) the ability of those res ponsible for public information to obtain information at a 
sufficiently early stage on matters coming to the authority, matters pending before the 
authority and other matters requ iring communication is secured; 
 (2) the co-operation between those attendi ng to communication duties has been properly 
arranged;  (3) officials responsible for presentation and pr eparation have been su fficiently trained and 
instructed on how to participate in the planning and implementation of communication. 
 
  IP/N/1/FIN/O/4 
 Page 7 
 
 
  Chapter 3 
Miscellaneous provisions 
 Section 9  – Entry into force 
 This Decree shall enter in to force on 1 December 1999. 
 Section 10 – Transitional provisions (23 May 2002/380) 
 The document registers referred to  in section 5 above and the information system descriptions 
referred to in section 8 shall be prepared at the latest on  30 November 2000, the reports 
referred to in section 1 at the latest on 30 November 2001 and the communication plan 
referred to in section 8 b at the latest on 31 May 2003. Data systems and their data protection 
arrangements and instructions that were taken into use before 1 December 1999 shall be brought into accord with this Decr ee at the latest on 30 November 2004.
 
 
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