Is the online shopping platform take responsibility if the cosmetics purchased online are counterfeit products? What is the effect of a cosmetics company to set up a position in charge of quality and safety? How to protect the intellectual property rights and trade secrets of product formulas and production processes submitted by cosmetics companies? The National Medical Products Administration held a news briefing on January 14 to introduce the "Regulations on the Supervision and Administration of Cosmetics" (hereinafter referred to as the "Regulations") and respond to concerns on hot issues.
The product formula and production process of cosmetics are an important basis for the technical review of product safety. Registrants and filing parties are required to submit information such as product formulas and production processes in the cosmetics registration management regulations and regulatory documents. How to protect corporate intellectual property and trade secrets? In this regard, Qi Liubin, deputy director of the Cosmetics Supervision Department of the National Medical Products Administration, said that requiring registrants and filing persons to submit safety-related materials is a general rule for a safety review of health-related products. In fact, in the past, all imported cosmetics and special-purpose cosmetics were required to provide product formulas, production processes and other materials when registering. This request for domestic non-special cosmetics to submit relevant materials is also a manifestation of the WTO's non-discrimination principle in specific regulatory practices. The "Regulations on the Supervision and Administration of Cosmetics" and the "Administrative Measures for the Registration and Filing of Cosmetics" clearly stipulate that when publishing supervision and management information, the parties' commercial secrets should be kept. The supervision and inspection personnel shall keep confidential the business secrets of the inspected entity that they learn about during the supervision and inspection. Without the consent of the registrant and the filing party, the drug regulatory authority, professional technical institutions and their staff, and those participating in the review shall not disclose the trade secrets, undisclosed information or confidential business information submitted by the registrant or filing party. Except for the law or regulations involving national security and major social public interests.
