State Intellectual Property Office: Interpretation of the national standard "Enterprise Intellectual Property Compliance Management System Requirements" (GB/T 29490-2023)-Industry News-Shenzhen deep trust patent Agency Co., LTD

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State Intellectual Property Office: Interpretation of the national standard "Enterprise Intellectual Property Compliance Management System Requirements" (GB/T 29490-2023)

Release Time：

2023-09-05

The "Enterprise Intellectual Property Compliance Management System Requirements" (GB/T 29490-2023), drafted by the State Intellectual Property Office and managed by the National Knowledge Management Standardization Technical Committee (SAC/TC 554), was issued on August 6, 2023. The State Administration for Market Regulation and the National Standardization Administration announced that it will be officially implemented on January 1, 2024. Compared with the previous version of the "Enterprise Intellectual Property Management Standards" (GB/T 29490-2013), this revision highlights the compliance attributes of the standard, helping enterprises to establish and improve intellectual property management systems, prevent intellectual property risks, and realize intellectual property rights. Values provide a standard of reference.

1. Revision background

The national standard "Enterprise Intellectual Property Management Specifications" (GB/T 29490-2013) was promulgated and implemented in 2013. It is my country's first national standard in the field of intellectual property management. Since the promulgation of the standard, it has been implemented by a large number of enterprises. A total of more than 80,000 enterprises have passed the intellectual property management system certification, which has effectively promoted the improvement of enterprises' intellectual property awareness and management level. In recent years, with the rapid development of my country's economy and society, the environment, situation, and characteristics of intellectual property work and enterprise development have undergone major changes. In order to better meet the actual needs of enterprises, the State Intellectual Property Office organized China Council for the Promotion of International Trade, The China Institute of Standardization and other units have initiated the revision of the "Enterprise Intellectual Property Management Standards" (GB29490-2013).

2. Basis for revision

The National Standardization Administration Committee approved the revised project in May 2021, and the project number is 20210641-T-463. The main responsible unit for the revision work is the State Intellectual Property Office.

3. Revision Principles

First, adhere to a problem-oriented approach. On the basis of extensive solicitation of opinions from standard implementation entities, experts and scholars, relevant units and certification agencies, and in view of the incompatibility and mismatch between the current standards and the current internal and external environment requirements for enterprise operation and development, key adjustments and systematic improvements were made to the content of the standards. To better meet the needs of improving corporate intellectual property competitiveness and supporting innovative development in the new era.

The second is to highlight pragmatism and effectiveness. This revision is in line with the current development trend of comprehensive strengthening of intellectual property protection, general improvement of corporate intellectual property awareness, and increasingly fierce competition in intellectual property. By providing standardized and full-process guidance for intellectual property compliance management, the standards have significantly improved the standards for enterprises to adhere to the bottom line and protect their bottom line. effectiveness in controlling risks and reducing credit costs.

The third is to strengthen benchmarking and coordination. This revision compares with the high-level structure of the management system issued by international organizations, strengthens the coordination and integration with other related standards, reduces the difficulty and burden of enterprises to implement standards, ensures the smooth implementation and effective role of standards, improves the initiative of enterprises to use standards, and strengthens the Standard implementation vitality.

4. Key points of revision

The first is to adjust the standard name. This revision adjusts the name of the standard to "Enterprise Intellectual Property Compliance Management System Requirements", which more accurately reflects that the new standard takes the intellectual property compliance management system as the operating core and "requirements" as the core technical element, strengthening the Connection with subsequent work related to standard implementation certification.

The second is to strengthen compliance elements. This revision adds provisions related to intellectual property compliance management to the full text system of the standard, clarifies the relevant concepts of the intellectual property compliance management system, strengthens the basic principles of leadership attention and full participation, and integrates intellectual property compliance requirements into all types of knowledge The entire chain of property rights management and the entire cycle of all aspects of enterprise operation and management have focused on intellectual property compliance in the review and improvement process. At the same time, "Appendix B. List of Typical Prohibited Behaviors for Patents, Trademarks, Copyrights, and Trade Secrets" has been added. It aims to guide enterprises to strengthen the construction of intellectual property compliance management systems, help enterprises standardize intellectual property management, fulfill intellectual property compliance obligations, prevent intellectual property risks, safeguard interests and ensure development.

The third is to expand coverage. In view of the fact that the previous version of the standard regarded patents as the main management object, this revision has strengthened the comprehensive coverage of intellectual property types, and separately proposed the acquisition and maintenance of various types of intellectual property rights such as patents, trademarks, copyrights, geographical indications, and trade secrets. , use, protection and other management requirements, and stipulates the review focus for different types of intellectual property rights in the performance evaluation. At the same time, "Appendix A. Tools and Methods for Trade Secret Management" is added at the end of the article to help enterprises establish intellectual property rights The management system manages various types of intellectual property rights and protects core business.

The fourth is to optimize the standard structure. The structure of this revision is fully aligned with the "High-Level Structure" (HLS), a general framework for international standards for management systems proposed by the International Organization for Standardization (ISO). The structure is more complete and more systematic. The content of the standard is mainly composed of 10 main clauses and related sub-clauses. In addition to 1 scope, 2 normative reference documents, 3 terms and definitions, 4 corporate environment, 5 leadership role, 6 planning, 7 support, 8 operation, 9 performance Evaluation and 10 improvements are carried out according to the "PDCA method".

In the next step, the State Intellectual Property Office will strengthen cooperation with the standardization authorities and increase the national standards of "Enterprise Intellectual Property Compliance Management System Requirements" (GB/T 29490-2023) and "Innovation Management-Intellectual Property Management Guide" (ISO56005 ) Collaborative promotion of international standards supports enterprises to effectively use intellectual property standardization tools, promotes the simultaneous improvement of scientific and technological innovation and risk prevention and control capabilities, strengthens the core competitiveness of enterprises, and strongly supports the construction of modern industrial systems.

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