What is intellectual property system certification
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TIME： 2020-1-7 13:14:39
Certification of intellectual property management system
Intellectual property management system certification is to standardize intellectual property certification activities, improve its effectiveness and strengthen supervision and management. According to laws, administrative regulations and departmental rules such as patent law of the people's Republic of China, trademark law of the people's Republic of China, copyright law of the people's Republic of China, regulations of the people's Republic of China on accreditation, administrative measures for certification bodies, etc Stipulate management system certification.
Chinese name
Certification of intellectual property management system
Publishing body
State Intellectual Property Office
Release date
February 11, 2018
Date of implementation
April 1, 2018
Release information
Announcement of State Intellectual Property Office of China Certification and Accreditation Administration
No. 5, 2018
In accordance with the regulations of the people's Republic of China on certification and accreditation and the measures for the administration of certification bodies, the CNCA and the State Intellectual Property Office jointly formulated the measures for the administration of intellectual property certification, which are hereby promulgated.
National Accreditation and Supervision Commission
State Intellectual Property Office
February 11, 2018
Full text of policy
Measures for the administration of intellectual property certification
Chapter I General Provisions
Article 1 in order to standardize the activities of intellectual property authentication, improve its effectiveness and strengthen its supervision and management, the office is formulated in accordance with the provisions of laws, administrative regulations and departmental rules such as the patent law of the people's Republic of China, the Trademark Law of the people's Republic of China, the copyright law of the people's Republic of China, the regulations of the people's Republic of China on authentication and accreditation, and the administrative measures for certification bodies Law.
Article 2 the term "intellectual property certification" as mentioned in these Measures refers to the conformity assessment activities by which the certification bodies prove that the intellectual property management system and intellectual property services of legal persons or other organizations conform to the relevant national standards or technical specifications.
Article 3 authentication of intellectual property includes authentication of intellectual property management system and authentication of intellectual property service.
The certification of intellectual property management system refers to the qualification assessment activities by which the certification body certifies that the internal intellectual property management system of a legal person or other organization conforms to the requirements of relevant national standards or technical specifications.
Intellectual property service certification refers to the qualification assessment activities by which the certification body certifies that the intellectual property services provided by legal persons or other organizations meet the requirements of relevant national standards or technical specifications.
Article 4 the state certification and Accreditation Administration (hereinafter referred to as the CNCA) and the State Intellectual Property Office shall, in accordance with the principles of unified management, division of labor and cooperation, and joint implementation, formulate, adjust and issue certification catalogue and certification rules, and organize certification supervision and management.
Article 5 the certification of intellectual property rights shall be guided by the government and driven by the market, and shall be subject to catalogue management.
Article 6 the State encourages legal persons or other organizations to improve their intellectual property management level or intellectual property service ability through intellectual property authentication.
Article 7 the authentication of intellectual property shall adopt unified authentication standards, technical specifications and rules, and use unified authentication marks.
Article 8 these Measures shall apply to the certification of intellectual property rights and its supervision and administration within the territory of the people's Republic of China.
Chapter II certification bodies and certification personnel
Article 9 institutions engaged in intellectual property certification (hereinafter referred to as certification institutions) shall be established in accordance with the law, meet the requirements stipulated in the regulations of the people's Republic of China on certification and accreditation and the measures for the administration of certification institutions, have the requirements for relevant professional ability to engage in intellectual property certification activities, and may engage in certification activities within the scope of approval only after being approved by the CNCA.
When approving the qualification of certification bodies, the CNCA may consult with the State Intellectual Property Office if it involves issues in the field of intellectual property.
Article 10 a certification body may establish branches and offices, and submit relevant information to the CNCA and the State Intellectual Property Office within 30 days from the date of establishment.
Article 11 the personnel engaged in certification examination (examination) of certification institutions shall be full-time certification personnel, meeting the requirements of relevant knowledge and skills required for the activities of intellectual property certification, and meeting the relevant requirements of the professional qualifications of national certification personnel.
Chapter III code of conduct
Article 12 a certification body shall establish a risk prevention mechanism and take reasonable and effective preventive measures against the risks and responsibilities that may arise from its certification activities.
Article 13 certification bodies shall not engage in consulting, agency, training, information analysis and other services related to their certification work, product development and marketing, and shall not have any interest relationship with certification consulting bodies and certification clients in terms of assets, management or personnel.
Article 14 certification bodies and their certification personnel shall have the obligation to keep confidential the state secrets, trade secrets and technical secrets they know in their business activities.
Article 15 certification bodies shall perform the following duties:
（1） Carry out certification within the scope of approval;
（2） Issue certification certificate to the client who has obtained certification and allow him to use the certification mark;
（3） Track and inspect the use of certification certificate and certification mark;
（4） Supervise and audit the continuous compliance of certification;
（5） Accept relevant certification complaints and complaints.
Article 16 certification bodies shall establish internal management, restriction, supervision and responsibility mechanisms to ensure the standardization and effectiveness of certification activities, and ensure their continuous effectiveness.
Article 17 certification bodies shall exercise effective management over their branches, standardize their certification activities, and bear corresponding responsibilities for their certification activities.
Branches shall establish the same management, restriction, supervision and responsibility mechanism as certification bodies.
Article 18 certification bodies shall comply with the provisions of the measures for the administration of certification bodies
Publish and submit relevant information to CNCA. The information specified in the preceding paragraph shall be submitted to the State Intellectual Property Office at the same time.
Article 19 the certification body shall establish and improve the personnel management system and personnel competency criteria, and evaluate the competency of all personnel engaged in certification activities such as examination (examination) and certification decisions, so as to ensure that their competency continues to meet the requirements of the criteria.
The certification personnel shall be honest and trustworthy, fulfill their duties and standardize the operation.
Article 20 certification bodies and their certification personnel shall be responsible for the certification results and bear corresponding legal liabilities.
Chapter IV Implementation of certification
Article 21 when engaging in authentication activities, authentication institutions shall, in accordance with the provisions of the basic norms and rules for authentication of intellectual property rights, engage in authentication activities, draw authentication conclusions, ensure the integrity, objectivity and authenticity of the authentication process, and shall not add, reduce or omit the procedural requirements stipulated in the basic norms and rules for authentication.
Article 22 the authentication procedure of intellectual property management system mainly includes the examination and verification of documents and activities involving the creation, application, protection and management of intellectual property in the operation process of legal persons or other organizations, the supervision and verification after obtaining the certificate, and the re authentication and verification.
The certification procedure of intellectual property service mainly includes the review of service quality characteristics, service process and management of the legal person or other organization providing intellectual property service, supervision and review after obtaining the certificate, and recertification review.
Article 23 the certification agency shall not issue certification certificates to the certification clients who are ordered by the intellectual property administrative department or other departments to suspend their business for rectification or who are included in the list of subjects of credit information breach of the state.
Article 24 the certification body shall make a complete record of the whole process of certification, keep the corresponding certification records and certification materials, and file them. The certification records shall be true and accurate to verify the effective implementation of the certification activities.
Article 25 the certification body shall, within the period of validity of the certification certificate, supervise and examine whether the holder of the certification certificate continues to meet the certification requirements. The first supervision and audit after the initial certification shall be conducted within 12 months from the date of certification decision, and the interval between the two supervision and audit shall not exceed 12 months. The contents of each supervision and audit need not be the same as the initial certification, but the audit contents of the whole system shall be covered within the validity period of the certification certificate.
The certification body shall make a decision on maintaining, suspending or revoking the certification certificate according to the situation of supervision and examination.
Article 26 If the authentication client has any objection to the authentication decision or handling of the authentication institution, he may appeal or complain to the authentication institution. If there is still any objection to the result of the certification body's handling, it may appeal or complain to the CNCA or the State Intellectual Property Office.
Chapter V certification certificate and certification mark
Article 27 the intellectual property certificate (hereinafter referred to as the certificate) shall include the following basic contents:
（1） Name and address of the certification client;
（2） Scope of certification;
（3） Standards or technical specifications on which certification is based;
（4） Certificate number;
（5） Certification category;
（6） Date and validity of certificate;
（7） The name, address and mark of the certification body;
（8） Certification mark;
（9） Other content.
Article 28 the validity of the certificate shall be three years.
If re certification is required at the expiration of the validity period, the holder of the certification certificate shall apply to the certification body for re certification three months before the expiration of the validity period, and the re certification procedure is the same as the initial certification.
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