New April 2025!  Updated Intellectual Property (IP) Policy
GS1 has approved an updated Intellectual Property (IP) Policy, which will be rolled out in the coming months. The last major update was in 2009, and this revision reflects today’s best practices for standards development.

The new policy maintains the core principles of the original, but introduces clearer language, improved structure, and several key updates including simplified, technology-neutral terms, clarified procedures, and defined rules for dispute resolution.

What this means for you:
The transition for all current participants in GSMP work groups will begin in July. Both GS1 Member Organisations and companies will be required to sign the updated IP Policy and Opt-In agreements.

We’re giving you early notice now so you have time to prepare. Detailed instructions and access to the new documents will follow soon. There was a session on the new Intellectual Property Policy at the Standards Week, you can watch the replay on the Event website.

What to expect:
       • Now – early May: Advance notice of migration plan
       • May: New IP Policy and Opt-In agreements available for  new participants
       • July: Signing begins for all current GSMP participants

We will continue to keep you informed throughout this transition.

If you have any questions in the meantime, don’t hesitate to reach out to gsmp@gs1.org.

Thank you for your continued commitment to GS1 standards and the GSMP!

Regards,

Andrew,

Andrew Hearn
Vice President, Standards
 

The GS1 Intellectual Property (IP) Overview

The GS1 Intellectual Property Policy (IP Policy) establishes various rights and obligations regarding patents and other intellectual property (IP) that are needed for the implementation of GS1 standards. In particular, it is designed to help protect implementers from risk of infringement liability. It also helps ensure that the development of GS1 standards is conducted in a fair, transparent and neutral manner. This policy is integral to GS1's role as the leading standards development organisation serving business and supply chain operations.

The important role of IP in GSMP

Intellectual property is the foundation element within the GS1 Global Standards Management Process (GSMP) that enables GS1 work groups to develop optimal standards that will benefit the business community, creating efficiencies and reliability in the global supply chain that ultimately benefit end-consumers. In developing these standards, work groups follow the GSMP process to define technical requirements, processes and specifications relevant to the business challenge being addressed by the standard.

GS1's commitment to royalty-free standards

GS1 is committed to protecting the parties that use and implement GS1 standards by developing standards that can be practiced on a royalty-free basis to the greatest extent possible, or, if necessary on a reasonable and non-discriminatory (RAND) licensing basis. Those licensing benefits are established and defined within the IP Policy.

Work group participation requirements

All GS1 members are permitted to participate in GS1 standards development work groups. In order to participate in those work groups, the GS1 member must simply sign the GS1 IP Policy and the Opt-in Agreement for the corresponding work group that they wish to join. 

Who may implement GS1 standards?

After a GS1 standards development work group completes its task and the resulting standard is ratified by GS1, everyone in the world is permitted to implement that GS1 standard and take the benefit of the corresponding IP licenses. Implementation of GS1 standards is subject to the terms, rights and obligations provided in the standard itself, including rights and obligations provided by the IP Policy.

GS1 members who participate in standards development work groups:

• Gain an early view into new GS1 standards that are in progress;
• Are able to help shape and contribute to those standards to help ensure that they serve the needs of industry and end-consumers;
• Learn from other work group members who are contributing their ideas and IP toward the development of better standards;
• And also benefit from the IP licenses provided under the IP Policy that apply to all implementers of GS1 standards, resulting in reduced risk of infringement liability for all parties.

Transfer of IP to third parties

• Participants cannot transfer IP with necessary claims to a third party outside of the working group who is not bound by the terms of the IP Policy In order to circumvent the responsibilities under the IPP.
• If a participant does transfer its IP with necessary claims to a third party outside of the working group, the transfer must incorporate participant’s existing obligations under the IPP.

Scope of direct license and the reciprocal license 

By signing the IP Policy and joining a GS1 standards development work group, the work group member agrees to provide a royalty-free license (or, alternatively, a RAND license) to their patent or other IP when that IP is needed to implement the resulting standard. That direct license is narrowly limited and only applies to implementation of the standard; it does not apply to any other use of such IP. 

The IP Policy also establishes a "reciprocal license," which applies to all parties who did not participate in the work group, but who are implementing the standard. When such parties implement the standard and take the benefit of the licenses granted by work group members and others, that implementer is obligated to provide the same or similar license (a reciprocal license) to others if they also own IP that is needed for the implementation of the standard. As with the direct license provided by work group members, the reciprocal license provided by non-work group members only applies to implementations of the standard, and does not apply to any other use of that IP.

What next?

How to sign the GS1 IP Policy