Announcement of the Certification and Accreditation Administration of China and the State Intellectual Property Office on Jointly Promulgating the Administrative Measures for the Certification of Intellectual Property

Announcement of the Certification and Accreditation Administration of China and the State Intellectual Property Office on Jointly Promulgating the Administrative Measures for the Certification of Intellectual Property
Announcement of the Certification and Accreditation Administration of China and the State Intellectual Property Office on Jointly Promulgating the Administrative Measures for the Certification of Intellectual Property

Announcement of the Certification and Accreditation Administration of the People's Republic China [2018] No.5

February 11, 2018

In accordance with the Regulations of the People's Republic of China on Certification and Accreditation and the Administrative Measures for Certification Agencies, the Administrative Measures for the Certification of Intellectual Property were formulated by the Certification and Accreditation Administration of the People's Republic of China and the State Intellectual Property Office with joint efforts, and are hereby promulgated.

Administrative Measures for the Certification of Intellectual Property

Chapter I General Provisions

Article 1 These Measures are formulated in accordance with 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 Certification and Accreditation, the Administrative Measures for Certification Agencies and other laws and administrative regulations and departmental rules and regulations with a view to regulating the certification activities with respect to intellectual property, improving the effectiveness thereof and tightening the supervision and administration.

Article 2 For the purpose of these Measures, the "certification of intellectual property" means the conformity assessment that a certification agency determines that the intellectual property management system and the intellectual property services of a legal person or other organizations are in conformity with the relevant national standards or technical specifications.

Article 3 The certification of intellectual property includes the certification of intellectual property management system and the certification of intellectual property services.
The "certification of intellectual property management system" means the conformity assessment that a certification agency determines that the internal intellectual property management system of a legal person or other organizations meets the relevant national standards or technical specifications and requirements.
The "certification of intellectual property services" means the conformity assessment that a certification determines that the intellectual property services provided by a legal person or other organizations meet the relevant national standards or technical specifications and requirements.

Article 4 The Certification and Accreditation Administration of the People's Republic of China ("CAAC") and the State Intellectual Property Office ("SIPO") shall, according to the principle of unified administration,
cooperation according to the division of work and implementation with joint efforts, develop, adjust and issue a certification catalog and certification rules, and organize to implement the supervision and administration of the certification.

Article 5
The certification of intellectual property shall stick to the guidance of government and being driven by the market and be subject to catalog-based administration.
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