GB/T 42293-2022Specification for intellectual property protection of commodity trading markets (English PDF)
商品交易市场知识产权保护规范
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Issued by
SAMR; SAC
Level / Type
National · Recommended
Issue date
December 30, 2022
Implementation date
July 1, 2023
Scope
GB/T 42293-2022 is the English-translated version of 商品交易市场知识产权保护规范.
GB/T 42293-2022 is the Chinese national specification for protecting intellectual property in a commodity trading market, a public trading venue with fixed premises where many separately taxed operators trade under central management.
It sets requirements for management responsibility, operation management, the handling of infringement, resource provision, and evaluation and improvement, covering top management, trader undertakings, the protection policy and system, market access, procurement and sales management, the issuing and the handling of infringement notices, dispute resolution, organisational and financial resources, partner management and internal review.
Clause 1 addresses it to market operators, to agencies advising them and to third parties evaluating such a system, and lists the rights concerned: patents, trademarks, copyright, plant variety rights, integrated circuit layout designs, geographical indications and trade secrets. Issued on 30 December 2022, applicable since 1 July 2023.
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Document preview — GB/T 42293-2022
National Standard of the People's Republic of China
- ICS
- 03.140
- Classification
- A 10
Issued by: State Administration for Market Regulation; Standardization Administration of the PRC
Contents
- Preface
- 1 Scope
- 2 Normative references
- 3 Terms and Definitions
- 4 Management Responsibilities
- 4.1 Top management
- 4.2 Merchant Commitment
- 4.3 Intellectual Property Protection Policy
- 4.4 Objectives of Intellectual Property Protection
- 4.5 Intellectual Property Protection System
- 5 Operations Management
- 5.1 Overview
- 5.2 Market Access
- 5.3 Commodity procurement and sales management
- 5.4 Integrity management of intellectual property rights
- 6 Handling of Intellectual Property Infringement
- 6.1 Issuance of Infringement Notice
- 6.2 Acceptance and Disposal of Infringement Notice
- 6.3 Intellectual Property Dispute Resolution Mechanism
- 6.4 Intellectual Property Rights Protection Assistance
- 7 Resource Guarantee
- 7.1 Basic requirements
- 7.2 Organizational safeguards
- 7.3 Financial resources
- 7.4 Information and knowledge resources
- 7.5 Partnership Management
- 8 Evaluation and Improvement
- 8.1 Overview
- 8.2 Internal Review
- 8.3 Improvements and enhancements
- Appendix A (Informative) Scope and Type of Commodity Trading Market
- Appendix B (Informative) Reference Template for Measures for the Protection of Intellectual Property Rights in the Commodity Trading Market
- Reference
Foreword
This document is in accordance with the provisions of GB/T 1.1-2020 "Guidelines for Standardization Work Part 1: Structure and Drafting Rules for Standardization Documents" drafting.
1 Scope
This document specifies the management responsibilities, operation and management, handling of intellectual property infringement, resource protection, evaluation of intellectual property protection in commodity trading markets. price and improvement requirements.
This document applies to the protection of intellectual property rights of relevant parties involved in commodity trading market activities, and relevant parties include.
a) Commodity trading market operators who establish and continuously improve the intellectual property protection system of the commodity trading market;
b) Service agencies that provide relevant consultation for the establishment of an intellectual property protection system in commodity trading markets;
c) A third-party institution that conducts evaluation of the intellectual property protection system in the commodity trading market.
The intellectual property rights related to the commodity trading market covered by this document include.
---patent;
---Trademark rights;
---Copyright;
---Plant variety rights;
---integrated circuit layout design right;
--- Geographical indications;
---Business secrets;
---Other intellectual property rights.
2 Normative references
The contents of the following documents constitute the essential provisions of this document through normative references in the text. Among them, dated references For documents, only the version corresponding to the date is applicable to this document; for undated reference documents, the latest version (including all amendments) is applicable to this document.
GB/T 39550-2020 Intellectual property protection management of e-commerce platform
3 Terms and Definitions
The following terms and definitions apply to this document.
3.1 commodity trading market
There are fixed places and facilities, a number of operators enter and operate, pay taxes separately, and implement centralized public commodity trading places.
Note 1. Corresponding to the commodity trading market, there are technology market, labor market, information market, financial market, etc.
Note 2. The commodity trading market has the characteristics of strong commodity selection, both wholesale and retail, large transaction volume, and rapid information exchange.
3.2 intellectual property protection system
The organizational operating system established to realize the protection of intellectual property rights.
3.3 commodity trading market operator
An organization that provides a venue for commodity transactions and implements management and services or is entrusted to implement management and services.
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This preview omits tables, figures, formulas and parts of the technical clauses. The complete document — 15 pages — is available in the English PDF.
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