GB/T 45563.1-2025 知识产权鉴定规范 第1部分：总则

ICS03.140

CCSA16

中华人民共和国国家标准

GB/T45563.1—2025

知识产权鉴定规范

第1部分：总则

Specificationofintellectualpropertyappraisement—

Part1：General

2025⁃04⁃25发布2025⁃04⁃25实施

国家市场监督管理总局

国家标准化管理委员会发布

GB/T45563.1—2025

目次

前言··························································································································Ⅲ

引言··························································································································Ⅳ

1范围·······················································································································1

2规范性引用文件········································································································1

3术语和定义··············································································································1

4总体要求················································································································1

4.1合法合规···········································································································1

4.2独立客观公正·····································································································2

4.3委托原则···········································································································2

5鉴定机构·················································································································2

6人员要求·················································································································2

6.1鉴定人··············································································································2

6.2工作人员···········································································································2

6.3技术顾问···········································································································2

6.4鉴定专家组········································································································3

7鉴定机构的资源管理··································································································3

7.1文档管理···········································································································3

7.2鉴定机构的保密管理····························································································3

7.3沟通管理···········································································································4

8鉴定程序·················································································································4

8.1委托和受理········································································································4

8.2形成鉴定意见·····································································································6

8.3鉴定报告···········································································································7

8.4复核·················································································································7

8.5鉴定意见书出具··································································································8

8.6后期服务···········································································································8

附录A（资料性）知识产权鉴定意见书参考模板·································································10

Ⅰ

GB/T45563.1—2025

前言

本文件按照GB/T1.1—2020《标准化工作导则第1部分：标准化文件的结构和起草规则》的规

定起草。

本文件是GB/T45563《知识产权鉴定规范》的第1部分。GB/T45563已经发布了以下部分：

——第1部分：总则；

——第2部分：专利；

——第3部分：商标。

请注意本文件的某些内容可能涉及专利。本文件的发布机构不承担识别专利的责任。

本文件由国家知识产权局提出。

本文件由全国知识管理标准化技术委员会（SAC/TC554）归口。

本文件起草单位：国家知识产权局、中国知识产权研究会、中国标准化研究院。

本文件主要起草人：胡文辉、张志成、谢小勇、王晓浒、王志超、崔尚科、邵源渊、李伟、蔡健炜、肖聂尊、

张诚、寿晶晶、于海江、岳高峰、刘丹、王淑敏。

Ⅲ

GB/T45563.1—2025

引言

知识产权鉴定作为由专业人员运用专门知识对知识产权侵权有关的专门性问题进行鉴别、判断的

一种活动，是支撑知识产权保护工作的重要内容，对于客观公正处理知识产权纠纷，提高知识产权侵权

判定能力和水平，满足社会对知识产权鉴定的需要，提高我国知识产权保护治理能力和治理体系现代

化建设具有重要意义。

GB/T45563《知识产权鉴定规范》旨在建立完善知识产权侵权纠纷检验鉴定工作体系，加强知识

产权鉴定机构专业化、规范化建设的工作部署，充分发挥知识产权鉴定在知识产权司法审判、行政执法

等活动中的技术支撑作用，满足知识产权鉴定由行政管理向行业管理转变的需求，拟由3个部分构成。

——第1部分：总则。目的在于规定知识产权鉴定的总体要求、鉴定机构和人员、资源管理、鉴定

程序等方面的要求。

——第2部分：专利。目的在于规定专利鉴定的基本要求、发明和实用新型专利、外观设计专利的

鉴定实施等知识产权鉴定要求。

——第3部分：商标。目的在于规定商标鉴定的基本要求和商标鉴定实施等知识产权鉴定要求。

Ⅳ

GB/T45563.1—2025

知识产权鉴定规范

第1部分：总则

1范围

本文件规定了知识产权鉴定的总体要求、鉴定机构和人员、资源管理、鉴定程序等方面的要求。

本文件适用于知识产权鉴定的实施与管理。

2规范性引用文件

本文件没有规范性引用文件。

3术语和定义

下列术语和定义适用于本文件。

3.1

知识产权鉴定intellectualpropertyappraisement

鉴定人运用科学技术或者专门知识对涉及知识产权行政和司法保护中的专业性技术问题进行鉴

别和判断，并提供鉴定意见的活动。

注：知识产权鉴定通常包括专利鉴定、商标鉴定、商业秘密鉴定、集成电路布图设计鉴定、植物新品种鉴定、技术合

同鉴定、著作权鉴定、地理标志鉴定等。

3.2

知识产权鉴定机构intellectualpropertyappraisalprovider

组织鉴定人开展知识产权鉴定（3.1）的机构。

3.3

委托材料commissionedmaterial

由委托人提供给知识产权鉴定机构（3.2）的与委托鉴定事项有关的资料及实物。

注：包括对比文件、知识产权审查档案、生效的知识产权授权确权裁判文书、鉴定对象或者与鉴定对象相关的材

料等。

3.4

鉴定材料appraisalmaterial

鉴定意见所依据的与委托鉴定事项相关的资料及实物。

注：包括对比专利、专利审查档案、生效的专利授权确权裁判文书、对比文件、鉴定对象或者与鉴定对象相关的材

料等。

3.5

鉴定专家组appraisalexpertgroup

受聘于知识产权鉴定机构（3.2），实施知识产权鉴定（3.1）活动的人员集合。

4总体要求

4.1合法合规

知识产权鉴定应遵循科学精神，符合相关法律法规以及有关部门的规定或者行业内通用规范，确

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