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At present, there are two institutions in the country for intellectual property certification: Zhongzhi (Beijing) Certification and Zhonggui (Beijing) Certification [the two institutions whose rights are delegated to the local government are not counted]; If you want to become an intellectual property implementation certification personnel, you must meet the corresponding conditions, participate in the training organized by them, and pass the examination, as follows:
1.Have a bachelor's degree or above recognized by the national education administrative department.
2.Have more than 5 years of full-time work experience, which should be obtained after obtaining a bachelor's degree or above; For those with a master's degree or above, the work experience can be reduced by 1 year.
3.At least 3 years of work experience in intellectual property and other related professions, including intellectual property management, intellectual property intermediary services, intellectual property public services and other work experience in enterprises and institutions, or professional work experience in science and technology management, quality management, etc.; Professional work experience can occur at the same time as work experience.
4.Have good personal quality and professional ethics, strong communication and coordination skills and team spirit, be able to work independently, and be honest and law-abiding.
5.Be in good health and be able to work as an auditor.
6.Non-State civil servants.
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Intellectual property standard implementation is a complex work, need to take into account intellectual property, human resources, financial resources, technology and other aspects, although the requirements and materials for the implementation of intellectual property standards are probably the same, but specific to a certain enterprise needs to have a more detailed corresponding application points, and the professionalism of the third-party organization is also the key to affect whether the enterprise can successfully pass the implementation of the standard. Successfully apply for the implementation of intellectual property standards, and the consultation can be handled by Qizhi Beijing Intellectual Property ** Agency.
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The implementation of intellectual property standards refers to the implementation of GB T29490-2013 "Enterprise Intellectual Property Management Specification", which can avoid risks and create value for enterprises, promote independent innovation of enterprises, and realize the scientific management and strategic use of intellectual property rights.
There are three main conditions for enterprises to apply for intellectual property rights and implement standards:
1. The implementation of intellectual property standards is to manage the intellectual property rights of enterprises and prevent intellectual property risks in R&D, procurement, production, sales and other links.
2. Enterprises need to establish a documented intellectual property management system and operate it for more than three months, including manuals, program documents, record documents, etc.
3. Complete at least one internal audit and management review. Internal audit is an internal review of the established intellectual property management system within the enterprise to determine whether the company's intellectual property management system meets the requirements of the standard, management review is the company's management self-examination to continuously improve the management system, internal audit and management review need to be carried out after the system has been running for 3 months.
After understanding the conditions for applying for intellectual property standards, we need to know how to declare the implementation of intellectual property standards, mainly in the following steps:
2. System construction: According to the actual operation of the enterprise, formulate the policy and objectives of the enterprise, and build an intellectual property management system.
3. Document preparation: write manuals, program documents, record documents, etc.
4. Publicity and training: issue system documents to all employees, and publicize and implement the company's policies and goals to all employees.
5. Implementation and operation: run the intellectual property management system, and update the record files at any time during the operation.
7. Internal audit and management evaluation: organize an internal audit and management review to find out the deficiencies in the operation of the system and put forward suggestions for improvement.
8. Certification application: choose a formal certification company, submit an application, and sign an entrustment contract.
9. Certification: The auditor will conduct on-site certification, and then issue a certificate to complete the audit.
Since most enterprises do not have the ability to establish their own system, they can choose to provide guidance institutions to establish the system and prepare documents, under normal circumstances, the implementation of intellectual property standards needs to be prepared for 3-6 months, and you can apply for certification to the certification company after making sufficient preparations.
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Hello, the full name of intellectual property standard implementation is the implementation of the national standard of "Enterprise Intellectual Property Management Specification", and the certification of standard implementation needs to be reviewed by a third-party certification body.
If an enterprise wants to do intellectual property standard implementation certification, it first needs to implement it internally and formulate intellectual property management manuals, procedural system documents, etc.
Then make relevant documentation during the implementation process.
At present, there are 16 certification bodies in China, of which Zhongzhi Certification and Zhonggui Certification are the earliest institutions engaged in intellectual property standard implementation certification in China. The certification body will send you the materials required to submit the application.
The whole process is quite systematic, especially the preparation of system documents, if the enterprise does not have relevant experience may be more troublesome, the best way is to entrust a counseling agency, and the counseling agency will guide the company to implement the standard, which can be talked about in detail.
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1. Simulation certification: Hire external experts to conduct simulation audit and certification of the enterprise's intellectual property management system in accordance with the standard process of third-party audit and certification, and rectify the problems existing in the enterprise. 2. Application for certification
In accordance with the requirements of third-party audit and certification, prepare the materials required for audit and certification, and submit the certification application to the third-party certification body. 3. Certification: The third-party audit and certification body should review the documents and on-site audit of the enterprise's intellectual property management system until the certification body makes a decision to pass the certification.
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Enterprises applying for review shall meet the following conditions:
1. Establish a system document that meets the requirements of the "Specification".
2. Establish an intellectual property management system according to the "Specification" and operate for more than three months 3. Complete the internal audit and management review.
4. At least one management personnel who have passed the training and examination of the "Specification" in accordance with the regulations, the enterprise registered in Shenzhen has successfully passed the implementation of the intellectual property standard, and can obtain the subsidy of the district where the enterprise is located, the subsidy of Shenzhen City and the subsidy of Guangdong Province. For example, enterprises registered in Longhua New District that have passed the implementation of intellectual property standards can receive a total of 550,000 subsidies.
Prerequisites for enterprises to carry out standard implementation certification:
1. Establish a system document that meets the requirements of the "Specification".
2. Establish an intellectual property management system in accordance with the "Specification" and operate it for more than three months;
3. Completed the internal audit and management review.
Materials to be submitted for standard implementation certification:
1. A copy of the business license;
2. Organizational structure ** certificate;
3. Coverage administrative license;
4. Enterprise self-declaration;
5. Valid documents for 3 months;
6. Brief introduction of the applicant organization;
7. System documents;
8. Comparison of application system documents and national standards;
9. Confidentiality statement;
10. Application instructions.
According to the regulations, enterprises registered in Shenzhen can obtain subsidies from the district where the enterprise is located, subsidies from Shenzhen and subsidies from Guangdong Province if they successfully pass the implementation of intellectual property standards. For example, enterprises registered in Longhua New District that have passed the implementation of intellectual property standards can receive a total of 550,000 subsidies.
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The IP standards implementation process can be broadly divided into eight steps.
1) Initiation of the implementation of intellectual property standards: Establish a working group for the implementation of enterprise intellectual property standards, formulate a work plan for the implementation of enterprise intellectual property standards, convene a meeting to start the implementation of enterprise intellectual property standards, and conduct training related to the implementation of standards for the main participating departments and personnel.
3) System construction: formulate enterprise intellectual property policies and objectives, plan the functional structure of enterprise intellectual property rights, and build enterprise intellectual property management systems.
4) Manual preparation: Compile enterprise intellectual property management manuals, and compile enterprise intellectual property management systems, control procedures, and record forms.
5) Issuing documents and publicizing and implementing them: promulgating enterprise intellectual property management manuals, systems, procedures, and forms, carrying out enterprise intellectual property publicity and implementation training, and guiding various departments and personnel to correctly understand and implement them.
6) Implementation and operation: run the enterprise intellectual property management system, fill in the system operation records, and regularly monitor the operation of the system.
8) Management review: The top management of the enterprise shall review the current situation, suitability, adequacy and effectiveness of the enterprise's intellectual property management system, as well as the implementation of policies and objectives.
1. How to determine the constituent elements of a work in intellectual property rights.
There is no clear definition of what constitutes a work in the Copyright Law, and its definition is clarified in Article 2 of the Regulations for the Implementation of the Copyright Law. According to this article, a work shall have the following three constituent elements:
1) limited to the fields of literature, arts, and sciences;
2) The work shall be original;
iii) should be capable of being reproduced in some tangible form.
In judicial practice, there is not much controversy between the parties about the field to determine whether a work constitutes a work, and most of them focus on the determination of the originality of the work and whether it can be reproduced in tangible form. For example, the Supreme People's Court holds that only intellectual achievements that possess originality and can be reproduced in some tangible form are works protected by the Copyright Law.
2. What is the meaning of intellectual property standards?
For enterprises, the implementation of standards is to implement the national standard of "Enterprise Intellectual Property Management Standards". The national standard for the management of intellectual property rights of enterprises is formulated by the State Intellectual Property Office, approved and promulgated by the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China and the Standardization Administration of the People's Republic of China, and implemented on March 1, 2013, with the standard number GB T29490 2013.
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The implementation of intellectual property standards generally refers to the implementation of the national standards of the "Enterprise Intellectual Property Management Standards". According to the relevant laws and regulations, enterprises in China shall, in accordance with the requirements of the "Enterprise Intellectual Property Management Standards", plan, implement, operate, review, and improve the documented intellectual property management system.
Enterprise Intellectual Property Management Norms》 General Requirements Enterprises shall plan, implement, operate, review and improve the documented intellectual property management system in accordance with the requirements of this standard. Preparation of documented procedures that provide for the controls required for the identification, storage, protection, retrieval, preservation and disposal of records. External documents and records of the IP management system should be controlled and ensured:
a) Conduct effective management of external documents such as administrative decisions, judicial decisions, and lawyers' letters to ensure that their ** and the time of acquisition are identifiable; b) establish, maintain and maintain documentation of records to demonstrate that the IP management system complies with the requirements of this standard and is functioning effectively; c) The completeness of external documents and record documents, and the method and period of custody shall be clarified. Consistency requirements For enterprises that claim to fully comply with this standard, they should meet the indicators of this standard, and the specific indicators are detailed in Appendix A. For enterprises with higher requirements for intellectual property management, they should seek to meet the indicators in Appendix B of this standard.
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Intellectual property standard implementation certification is a process in which enterprises implement the national standards of "Enterprise Intellectual Property Management Specifications", establish and optimize their own intellectual property management system, fully operate intellectual property rights for innovation and creation, application, management and protection of enterprise innovation achievements, and finally obtain authoritative certification.
First, the benefits of intellectual property standard implementation certification.
1. **Support.
1) Funding incentives for standard implementation: All provinces and cities have issued relevant policy notices to encourage enterprises to implement intellectual property standards, and enterprises will receive rewards ranging from 100,000 to 300,000 after passing the certification, please refer to local policies for details.
2) Preferential policy support: For example, in the preferential tax policies, some places regard the certification of intellectual property standards as a basic condition.
3) Priority for project declaration: It is understood that all provinces and cities require enterprises to achieve intellectual property standards in the conditions for project declaration, which is the premise of applying for customer projects. At the same time, it is also an important reference condition for the identification of high-tech enterprises.
2. Promote enterprise upgrading.
1) Promote independent innovation: The certification of intellectual property standards not only standardizes the basic conditions of intellectual property rights of enterprises, the rubber fight before resource management, and the use of intellectual property rights, but also promotes independent innovation within enterprises and encourages employees to transform wisdom into intellectual property rights.
2) Comprehensive risk prevention: In the process of implementing intellectual property standards, the fruits of employees' labor have become the intellectual property rights of the enterprise, even if the core personnel change, the intellectual property rights of the enterprise can not be taken away by individuals, and are protected by relevant laws, so as to reduce the risk of research and development, avoid the loss of technology, and eliminate many hidden dangers.
3) Value-added of intangible assets: Intellectual property rights are nothing more than registered trademarks, patents and copyrights, which belong to the intangible assets of the enterprise as long as they are authorized by the state, and the enterprise has the right to obtain benefits by licensing, transferring and transferring these assets.
4) Enhance the competitiveness of enterprises and provide the driving force for sustainable development: In the era of knowledge economy, knowledge has become an important economic resource and a decisive factor for economic growth and development, and how to rationally use, protect and develop the intellectual property rights of enterprises is the top priority to improve competitiveness.
2. Examination of registered trademarks.
1. Formal examination.
After the formal examination, the application formalities are complete and the application documents are filled in in accordance with the regulations, the Trademark Office will issue a notice of acceptance.
If the application formalities are incomplete or the application documents are not filled in in accordance with the regulations, a notice of inadmissibility shall be issued and returned, and the application date shall not be retained.
2. Substantive examination.
After passing the formal examination, the trademark application will enter the substantive examination. After substantive examination, the Trademark Office will preliminarily examine and approve any trademark application that complies with the relevant provisions of the Trademark Law, and publish it as required.
3. Request for review.
During the trademark registration process, if the applicant is not satisfied with the rejection of the trademark registration application by the Trademark Office, he or she may request a review from the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision on whether to grant or disapprove the registration and notify the applicant in writing. If the parties are not satisfied with the opposition ruling of the Trademark Office, they may request a review from the Trademark Review and Adjudication Board.
The Trademark Review and Adjudication Board will make a final decision and notify the parties in writing.
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