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GB/T 45563.1-2025Specification of intellectual property appraisement — Part 1: General (English PDF)

知识产权鉴定规范 第1部分:总则

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Issued by

SAMR; SAC

Level / Type

National · Recommended

Issue date

April 25, 2025

Implementation date

April 25, 2025

Scope

GB/T 45563.1-2025 is the English-translated version of 知识产权鉴定规范 第1部分:总则.

GB/T 45563.1-2025 is the first part of the Chinese national specification for intellectual property appraisal, the expert examination of technical questions raised by intellectual property disputes.

It sets the general requirements of legality and compliance, independence, objectivity and fairness and entrustment, and the requirements on the appraisal institution and its people: appraisers, supporting staff, technical consultants and the expert group.

It covers the resources the institution has to manage, from documents to confidentiality and communication, and takes the appraisal procedure step by step, from entrustment and acceptance to the expert opinion, the appraisal report, its review, the issuance of the opinion and the after-sales service, with an informative Annex A giving a template for the opinion.

Part 2 covers patents and Part 3 trademarks. It was issued on 25 April 2025 and has applied since 25 April 2025.

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Document preview — GB/T 45563.1-2025

National Standard of the People's Republic of China

ICS
03.140
Classification
A 16

Issued by: State Administration for Market Regulation; Standardization Administration of the PRC

Contents

  • Preface
  • Introduction
  • 1 Scope
  • 2 Normative references
  • 3 Terms and Definitions
  • 4 General Requirements
  • 4.1 Legality and Compliance
  • 4.2 Independence, objectivity and fairness
  • 4.3 Principle of Entrustment
  • 5 Identification Agency
  • 6 Personnel Requirements
  • 6.1 Appraiser
  • 6.2 Staff
  • 6.3 Technical Consultant
  • 6.4 Expert Group
  • 7 Resource Management of Identification Institutions
  • 7.1 Document Management
  • 7.2 Confidentiality Management of Identification Institutions
  • 7.3 Communication Management
  • 8 Identification Procedures
  • 8.1 Entrustment and Acceptance
  • 8.2 Forming an Expert Opinion
  • 8.3 Appraisal Report
  • 8.4 Review
  • 8.5 Issuance of appraisal opinion
  • 8.6 After-sales service
  • Appendix A (Informative) Reference Template for Intellectual Property Appraisal Opinion

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 is required.

This document is Part 1 of GB/T 45563 "Intellectual Property Identification Specification". GB/T 45563 has been published in the following parts.

--Part 1: General;

--Part 2: Patents;

--Part 3: Trademarks.

Introduction

Intellectual property appraisal is a process in which professionals use their specialized knowledge to identify and judge specialized issues related to intellectual property infringement.

An activity is an important part of supporting intellectual property protection work, which is of great significance for objectively and fairly handling intellectual property disputes and improving the protection of intellectual property rights.

To improve the ability and level of judgment, meet the needs of society for intellectual property identification, and improve my country's intellectual property protection governance capabilities and governance system modernization. Chemical construction is of great significance.

GB/T 45563 "Intellectual Property Appraisal Specification" aims to establish and improve the inspection and appraisal system for intellectual property infringement disputes, strengthen knowledge The work deployment of the professionalization and standardization of property rights appraisal institutions will give full play to the role of intellectual property appraisal in intellectual property judicial trials and administrative law enforcement.

It plays a technical support role in activities such as intellectual property identification, and meets the needs of the transformation from administrative management to industry management. It is planned to consist of three parts.

--Part 1: General Principles. The purpose is to stipulate the overall requirements, appraisal institutions and personnel, resource management, appraisal Requirements in terms of procedures, etc.

-- Part 2: Patents. The purpose is to stipulate the basic requirements for patent appraisal, invention and utility model patents, and design patents. Identification implementation and other intellectual property identification requirements.

-- Part 3: Trademarks. The purpose is to stipulate the basic requirements for trademark appraisal and the implementation of trademark appraisal and other intellectual property appraisal requirements.

1 Scope

This document stipulates the overall requirements for intellectual property appraisal, appraisal institutions and personnel, resource management, appraisal procedures, etc.

This document applies to the implementation and management of intellectual property appraisal.

2 Normative references

This document has no normative references.

3 Terms and definitions

The following terms and definitions apply to this document.

3.1 Intellectual Property Appraisement

Appraisers use scientific technology or specialized knowledge to conduct appraisals on professional and technical issues related to administrative and judicial protection of intellectual property rights. Activities that involve identification, judgment, and provision of appraisal opinions.

Note: Intellectual property appraisal usually includes patent appraisal, trademark appraisal, trade secret appraisal, integrated circuit layout design appraisal, new plant variety appraisal, technical contract appraisal, etc. Trademark identification, copyright identification, geographical indication identification, etc.

3.2 Intellectual property appraisal provider

An institution that organizes appraisers to carry out intellectual property appraisal (3.1).

3.3 Commissioned material

The information and physical objects related to the entrusted appraisal matter provided by the client to the intellectual property appraisal institution (3.2).

Note: Including comparative documents, intellectual property review files, effective intellectual property authorization and confirmation judgment documents, appraisal objects or materials related to the appraisal objects. Materials, etc.

3.4 Appraisal Material

The materials and physical objects related to the entrusted appraisal matter on which the appraisal opinion is based.

Note: Including comparative patents, patent examination files, effective patent authorization and confirmation judgment documents, comparative documents, identification objects or materials related to the identification objects. Materials, etc.

3.5 Appraisal expert group

A collection of personnel employed by an intellectual property appraisal institution (3.2) to carry out intellectual property appraisal (3.1) activities.

4 General requirements

4.1 Legality and Compliance

Intellectual property appraisal should follow the scientific spirit, comply with relevant laws and regulations and the provisions of relevant departments or general industry standards, and ensure […]

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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.

Referenced standards

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