The interpretation of the National Standards for the Protection of Intellectual Property Rights in Commodity Trading Markets | will be implemented on July 1, 2023-Industry News-Shenzhen deep trust patent Agency Co., LTD

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The interpretation of the National Standards for the Protection of Intellectual Property Rights in Commodity Trading Markets | will be implemented on July 1, 2023

Release Time：

2023-02-17

The National standard for the Protection of Intellectual Property Rights in Commodity Trading Markets (hereinafter referred to as the standard) has been issued on December 30, 2022, and will be implemented on July 1, 2023.

👉Regulations for intellectual property protection in commodity trading markets 👈The national standard (hereinafter referred to as the standard) has been published on December 30, 2022 and will be implemented on July 1, 2023. This standard combines the actual development of intellectual property protection in China's commodity trading market, on the basis of fully drawing on the existing experience in the construction of standardized market for intellectual property protection.

I. Setting background and process

The State Intellectual Property Office attaches great importance to the protection of intellectual property rights in the field of commercial circulation, and has promoted the construction of standardized markets for intellectual property protection since 2014. By the end of 2022, there were 115 standardized markets for intellectual property protection in China. Through the market demonstration effect of standardized intellectual property protection, the intellectual property protection environment in the field of commercial circulation in China has been significantly improved, according to the satisfaction evaluation of the standardized market of intellectual property protection, the satisfaction evaluation of the standardized market of intellectual property protection in 2022 is 88.8 points, an increase of 16.93 points over 2015, and the whole has entered the excellent range.

In 2021, the "14th Five-Year Plan for the Protection and Application of National Intellectual Property Rights" issued by The State Council clearly proposed to "formulate national norms for the protection of intellectual property rights in commodity trading markets"; In 2022, the State Intellectual Property Office issued the "In-depth Implementation of the Opinions on Strengthening the Protection of Intellectual Property Rights" to further clarify the "development of intellectual property rights protection norms in commodity trading markets." The study and formulation of national standards for the Protection of Intellectual Property Rights in Commodity Trading Markets is an important deployment for the implementation of the Party Central Committee and The State Council to strengthen intellectual property protection, an important part of improving the intellectual property protection system in the field of commercial circulation, and a powerful measure to optimize the business environment. On the basis of summarizing the experience of the standardized market of intellectual property protection, the State Intellectual Property Office has innovatively guided all market entities in China to attach importance to strengthening intellectual property protection through standard methods, resolve conflicts and disputes in the field of intellectual property in a timely manner, build a high-standard market system, and promote the transformation of China's market from large to strong.

The standard formulation process lasted more than 2 years, fully listened to the opinions and suggestions of local intellectual property management departments, relevant market entities and experts, collected 36 feedback suggestions, the drafting team conducted a careful study of this one by one, in the process of the draft, and finally approved by the National Standardization Administration Committee in December 2022.

Ii. Main contents

The national standard for the Protection of Intellectual Property Rights in Commodity Trading Markets includes eight chapters, including scope, normative reference documents, terms and definitions, management duties, operation management, intellectual property infringement treatment, resource protection, evaluation and improvement. Applicable to parties involved in commodity trading market activities, including market managers who establish and continuously improve the intellectual property protection system of commodity markets; Consulting service institutions for the construction of intellectual property protection systems in commodity trading markets; A third-party organization that provides evaluation of intellectual property protection systems in commodity markets.

Chapter 1 "Scope", Chapter 2 "Normative References", and Chapter 3 "Terms and Definitions" set out the general requirements for the protection of intellectual property rights in commodity trading markets to which this standard applies, normative references and definitions of relevant terms in the standard.

Chapter 4 "Management Responsibility" defines the responsibility of commodity trading market management. It includes five aspects: top management, requiring merchants to make commitments, intellectual property protection policy, intellectual property protection objectives and intellectual property protection system. The purpose is to clarify that the top management of commodity trading market management should play its leading role in the protection of intellectual property rights in commodity trading market and continue to promote the construction of intellectual property rights system in commodity trading market.

Chapter 5 "Operation Management" puts forward specific requirements for the implementation of intellectual property protection in commodity trading markets, including four aspects: general requirements, market access, commodity procurement and sales management, and intellectual property integrity management. It clarifies the specific requirements for merchants to settle in, and merchants to purchase and sell goods, and guides the managers of commodity trading markets to formulate an intellectual property integrity system.

Chapter 6 "Handling of Intellectual Property Infringement" includes four aspects, namely, issuing of infringement notice, acceptance and disposal of infringement notice, settlement mechanism of intellectual property disputes, and assistance for safeguarding intellectual property rights. It regulates the process, channels and requirements of issuing infringement notice, and clarifies the handling measures of infringement notice and conclusion. Promote the establishment of intellectual property dispute resolution mechanisms and rights protection assistance mechanisms in commodity trading markets.

Chapter 7 "Resource Guarantee" makes it clear that commodity trading market managers should provide relevant supporting resources to ensure the effective implementation of intellectual property work. It includes five aspects: overall requirements, organizational security, financial resources, information and knowledge resources, and cooperative relationship management. It is required that commodity trading market managers should establish intellectual property management institutions, provide corresponding financial guarantees, do a good job in collecting information about the intellectual property ownership of merchants and intellectual property disputes, and actively strengthen cooperation with administrative organs, judicial organs, and industry associations to strengthen intellectual property protection.

Chapter 8 "Evaluation and improvement" includes overview, internal review, improvement and enhancement. It is clear that commodity trading market managers should establish an evaluation system of intellectual property management system, regularly conduct self-assessment of the operation of the intellectual property management system, and can also entrust third-party institutions to carry out evaluation, focusing on evaluating the effectiveness of the operation of the intellectual property management system.

The standard is the first recommended national standard that clearly stipulates the protection and management of intellectual property rights in the commodity trading market in China, focusing on further improving the protection of intellectual property rights in the field of commercial circulation, protecting and stimulating innovation, promoting high-quality development, and constantly meeting the needs of the people for a better life. The standard entity content focuses on regulating the main responsibilities and obligations of commodity trading market operators and managers, taking into account the actual intellectual property protection of different types of markets such as physical markets and e-commerce platforms, and actively responding to the complex changes in the global governance system on the new requirements for intellectual property protection of commodity trading markets. It will have a positive and far-reaching impact on the protection of intellectual property rights in China's market. The State Intellectual Property Office will strengthen business guidance, strengthen coordination between the central and local governments, actively guide market entities to implement this standard, promote the further improvement of intellectual property protection in China, and make positive contributions to creating a market-oriented, law-based and internationalized first-class business environment.

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