WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO 
IP/N/1/FIN/U/5 
16 February 2012 
 (12-0892) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
  
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
FINLAND 
  The present document reproduces the text
1 of the Decree on the Openness of Government 
Activities and on Good Practice in Informatio n Management, as notified by Finland on 
10 February 2011 under Article 63.2 of th e Agreement (see document IP/N/1/FIN/3). 
 
 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
1 du Décret sur la transparence des activités 
gouvernementales et sur les bonnes pratiques en gestion de l'information, notifié  par la Finlande le 
10 février 2011 au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/FIN/3). 
 
 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 sobre la transparencia de las 
actividades del gobierno, notificado por Finlandia el 10 de febrero de 2011 en virtud del párrafo 2 del 
artículo 63 del Acuerdo (véase el documento IP/N/1/FIN/3). 
                                                      
1 In English only./En anglais seulement./En inglés solamente.   
   IP/N/1/FIN/U/5 
 Page 3 
 
 
   
    
 
    
 
  
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS 
AND REGULATIONS 
(in English) 
   
Unofficial translations 
 
 
  
PROTECTION OF UNDISCLOSED INFORMATION 
 
Related legal instruments 
 
   
   IP/N/1/FIN/U/5 
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  DECREE ON THE OPENNESS OF GOVERNMENT ACTIVITIES AND ON GOOD 
PRACTICE IN INFORMATION MANAGEMENT  (Unofficial translation)  
12.11.1999/1030 
 (1030/1999; amendments up to 380 / 2002 included) 
 
On the submission of the Ministry of Justice, the following is enacted on the basis of sections 18 and 
36 of the Act on the Openness of Government  Activities, given on 21 May 1999 (621/1999): 
 Chapter 1 – Ensuring good practice in information management  
 Section 1 – Assessments in support of good pr actice in information management 
 
(1) In order to plan and implement the measures re ferred to in section 18, pa ragraph 1, subparagraph 4 
of the Act on the Openness of Government Activ ities (621/1999), and utilising the archive formation 
plan referred to in the Archives Act (831/1994), th e authority shall clarify and assess the significance 
of its documents and information system and the data stored therein as well as its document and 
information 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 and 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 da ta 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 basis for decisions regarding 
individuals or corporations or as indicators of rights and obligations. 
 (2) In addition, in order to implement good inform ation 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 systems, of methods available to decrease and el iminate such risks, and 
of the costs as well as other effects of these measures. 
 (3) On the basis of the assessments referred to in subparagraphs 1 and 2 the authority shall assess and 
implement the measures necessary to achieve goods information management practice.  Section 2 – Classification of specially protected information material  
 
(1) Secret documents and the information containe d 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 information material ), may 
be classified, unless otherwise indicated by the sp ecial needs of the administrative sector of the 
authority, into three separate categories in acco rdance with what processing, protection and other 
information security demands are to be followed in creating, using, conveying, transferring, archiving, 
destroying or otherwise processing the information material.  IP/N/1/FIN/U/5 
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  (2) If the unauthorised revelation and use of informa tion 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 information material ma y be classified in the first specially protected 
information material category.  
(3) If the unauthorised revelation and use of information material would significantly affect the 
interests for which the restrictions have been enact ed, said information material may be classified in 
the second specially protected information material category.  (4) If the unauthorised revelation and use of inform ation material would damage or compromise the 
ability of the authority to function or business a nd 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 regarding sp ecially protected information material 
 
(1) In processing specially protected information ma terial, the appropriate measures corresponding to 
the category shall be implemented so that  
(1) the facilities for the processing and storage of  the information material are sufficiently 
supervised and protected; 
(2) access to the information systems is superv ised 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 use 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 inform ation systems are kept secret as necessary. 
 (2) Section 18, paragraph 1, s ubparagraph 4 of the Act on the Op enness of Government Activities 
contains provisions on how the costs incurred by th e measures are to be taken into consideration. 
 
Section 4 – Instructions, supervision and monitoring  
 (1) In planning the measures referred to in section 18, paragraph 1, subparagr aph 5 of the Act on the 
Openness of Government Activities, particular attention shall be paid  to the following: 
 
(1) the authority to grant access to documents is defined; 
 (2) sufficient instructions are given on the registration of matters and 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 describe pending matte rs as well as lists and documents that have 
been prepared to implement the obligation to provide information on such matters are kept up 
to date. 
 (2) The implementation of instructions and measures shall be monitored to the extent necessary, their 
suitability as well as the need for re form shall be assessed at suitabl e intervals, and steps shall be 
taken to correct any defects noted.   IP/N/1/FIN/U/5 
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  Chapter 2  – Fulfilling and promoting the rights to obtain information 
 Section 5– Document registers  
 (1) In order to follow up on matters under its cons ideration, the authority shall maintain information 
on what diaries, lists, directors and other document management registers ( document registers ) it has 
or on how information regarding the public documen ts that the authority has can otherwise be 
obtained.  (2) The authority shall ensure that the relationship between document registers is clarified and that, if 
possible, a matter under consideration is registered only once and that with the help of the document 
registers the orders given on the basis of the Archives Act regarding the registration and listing of documents can be followed.  Section 6 – Information to be recorded in document registers  
 
(1) 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 wh ich 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. 
 (2) In planning and preparing the document register care shall be taken that the document register can 
be used effortlessly to provide informati on on the public notations made in it. 
 (3) 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 
 
(1) 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. 
 (2) The diary scheme in use and the other bases for organizing documents shall be appended to the 
document register  Section 8 – Information system descriptions  
 
(1) The authority shall prepare a description of th e information system it maintains, indicating the 
purpose of the information system and the data c ontained 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 provisions. The description may also be incorporated as part of the archive 
formation plan. 
 (2) Separate provisions apply to the register description that is to be  prepared on personal data files. 
 IP/N/1/FIN/U/5 
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  Chapter 2 a – Communication in State administration  (23 May 2002/380) 
 Section 8 a – The purpose of communication by State authorities  (23 May 2002/380) 
 (1) The purpose of information, publishing and other 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 corporations with opportunities to formulate as  true a picture as possible of the activity of the 
authorities, to influence matters of general impor tance that are pending before the administrative 
authorities, and to protect their interests and rights. 
 
(2) In planning and implementing communication by St ate authorities consideration shall be given to 
the significance of communication in the effective performance of the statutory functions of the 
authority and in co-operation between the author ity and nongovernmental organisations as well as 
interest groups. 
 
Section 8 b – The planning of communication  (23 May 2002/380) 
 (1) The State authority shall, with consideration to  its statutory duties and the assessments referred to 
in section 1, assess and plan measures in order to fu lfil the obligations contained in sections 19 and 20 
of the Act on the Openness of Government Activities ( communication plan ). 
 
(2) In preparing the communication plan, particular attention shall be paid to how the following can 
be achieved:  
(1) ensuring the ability of individuals and cor porations to obtain information on pending 
matters of general importance and to present their views at different stages of the 
proceedings;  (2) providing general advice on the services provi ded by the 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 others 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 info rmation needs of various population groups, non-
governmental organisations, cor porations and the mass media towards the activity of the 
authority;  (5) carrying out communication in co-opera tion with other authorities and private 
corporations; 
 
(6) arranging the monitoring of communication. 
 (3) The communication plan shall be  reviewed sufficiently often. 
  IP/N/1/FIN/U/5 
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  Section 8 c – The arrangement of communication  (23 May 2002/380) 
 The authority shall ensure that the prerequisit es for communication have been secured in order to 
achieve openness in the authority's activity. For this  purpose particular care shall be taken that: 
 
(1) the ability of those responsible for public inform ation to obtain information at a sufficiently early 
stage on matters coming to the authority, matters pending before the authority and other matters 
requiring communication is secured;  (2) the co-operation between those attending to communication duties has been properly arranged; 
 
(3) officials responsible for presentation and preparat ion have been sufficiently trained and instructed 
on how to participate in the planning and implementation of communication.  Chapter 3 – Miscellaneous provisions  
 
Section 9 – Entry into force  
 This Decree shall enter into force on 1 December 1999.  Section 10 – Transitional provisions  (23 May 2002/380) 
 
The document registers referred to in  section 5 above and the informa tion 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 protecti on arrangements and instructions that were taken 
into use before 1 December 1999 shall be brought in to accord with this De cree at the latest on 
30 November 2004.  
Entry into force and application of the amending provisions: 
 
23 May 2002/380: 
 (1) This Decree shall enter into force on 1 June 2002. 
 (2) Measures required for the implementation of this  Decree may be undertaken before the Decree 
enters into force.   
 
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