Edited by Li LIU(Sharon)and Xiaofang CAI

 

On August 6, 2023, Chinese State Administration for Market Regulation (SAMR) and Standardization Administration of China (SAC) published “Enterprise intellectual property compliance management system- Requirements” (GB/T 29490-2023). The standard are drafted by China National Intellectual Property Administration (CNIPA), centralized management by National Technical Committee 554 on Intellectual Property and Knowledge Management Standardization Administration of China (SAC/TC554), and will be formally implemented on January 1, 2024.

 

Compared with the previous version of “Enterprise intellectual property management”(GB/T 29490-2013), This revision highlighted the normative compliance attribute, which provided reference standards for enterprises to establish and improve their intellectual property (IP) management system, to prevent the risks from IP infringement, and to realize the value of IP.

 

The revision focus on the following aspects:

 

1.      The name of the standard is adjusted

 

This revision adjusted the name of the standard to “Enterprise intellectual property compliance management system-requirements”, which more accurately reflects the characteristics that the new standard takes “the intellectual property compliance management system” as the operating core and takes “the requirements” as the characteristics of the technical element, thereby strengthening the connection with subsequent work on certification and compliance.

 

2.      The elements of compliance is strengthened

 

This revision systematically added relevant terms on IP compliance management in the full text of the standard, which further clarified the relevant concepts of the IP compliance management system and integrated the requirements of IP compliance into different types of IP management works and processes of enterprises operation and management.

 

At the same time, this revision also still continues to focuses on IP compliance in the process of improving the reviewing and then add “Appendix B. List of Typical Prohibited Practices for Patents, Trademarks, Copyright, and Trade Secrets”, which intends to guide enterprises to strengthen the construction of IP compliance management systems and could ensure the enterprises’ development.

 

3.      The coverage of the standard is expanded

 

Regarding the situation where patent was the main object for management in the previous version of the standard, this new revision intensified the comprehensive coverage to IP fields, which proposed the management requirements for acquisition, maintenance, utilization and protection of IP that include patents, trademarks, copyrights, geographical indication and trade secrets.

 

Moreover, this version specified the key points for reviewing different types of IP in the process of performance appraisal and added “Appendix A. Tools and Methods for Trade Secret Management” at the end of the standard, which intends to help enterprises establish an IP management system that could manage different types of IP rights and to protect the enterprises’ core business.

 

4.      The structure of the standard is optimized

 

This revision comprehensively benchmarks against the “High Level Structure” (HLS) of the international standard framework for management systems proposed by the International Organization for Standardization (ISO), which make the structure of IP Management System become more complete and systematic.

 

Regarding the content of the standard, it mainly consists of 10 primary clauses as well as sub-clauses. The standard was carried out according to the “Plan-Do-Check-Active Method” in following manner: 1.scope, 2.normative references and 3.terms and definitions, these clauses: 4.enterprise environment, 5.leadership role, 6.planning, 7.support, 8.operation, 9.performance evaluation, and 10.improvements.

 

At the next step, CNIPA will strengthen the cooperation with administrative department in charge of standardization, to increase the promotion of the “Enterprise intellectual property compliance management system- Requirements” (GB/T 29490-2023) and the “Innovation management-guidance for intellectual property management (ISO56005)” concurrently. This action could support enterprises to effectively use IP standardization tools to promote the technological innovation, to enhance the capabilities for preventing and controlling risks, and to strengthen the core competitiveness and to eventually achieve the goal of supporting the modernization of Chinese industrial system.

 

Cited from:< China National Intellectual Property Administration (CNIPA)>

 

Our viewpoint

 

The release and implementation of “Enterprise intellectual property compliance management system- Requirements” (GB/T 29490-2023) is actually aimed at further enhancing the capabilities of industrial enterprises in intellectual property management and application.

 

This standard will guide enterprises to ensure the internal and external legal compliance when measuring their capabilities of risk management and business management status. By a good control in the process of innovation according to the laws and the internal management, enterprises can protect their research and development achievements better, and could ensure their IP interests are not harmed, which could potentially enhance the enterprises’ profit and promote the business scale through the intellectual property management.