PRIVACY POLICY STATEMENT

1. Personal Information Collection Statement

1.1 The provision of your personal data is voluntary. However, the Intellectual Property Department will be unable to handle your application, filing request or notice if you do not provide sufficient information.

Purposes of Collection

1.2 Personal data provided in any form or document filed with the Intellectual Property Department will be used by the Intellectual Property Department for one or more of the following purposes:

(a) to administer the Copyright Ordinance (Cap. 528), the Trade Marks Ordinance (Cap. 559), the Patents Ordinance (Cap. 514) and the Registered Designs Ordinance (Cap. 522) and the subsidiary legislation of such ordinances;

(b) to allow parties to conduct the relevant proceedings under the legislation referred to in paragraph (a) above; and

(c) to allow public inspection for the purposes of -

(i) identifying the subject matter of applications and/or registrations of trade marks, published standard patent applications, granted patents and registered designs;

(ii) identifying the conditions that the registrations of trade marks, patents, and registered designs may be subject to;

(iii) identifying the owner, licensee, assignee, transferee, or the holder of a security interest and/or other interest, in relation to any applications and/or registrations of trade marks, patents and registered designs or any right in or under such applications and/or registrations; and

(iv) permitting persons with a potential interest in proceedings to ascertain the pleadings relating to those proceedings.

Classes of Transferees

1.3 Personal data collected by the Intellectual Property Department maybe disclosed -

(a) to any agent, contractor, sub-contractor and third party who provides any administrative, computer, information technology or other services to the Intellectual Property Department in connection with the operation of its business;

(b) to parties to relevant proceedings and their agents; and

(c) where public inspection is allowed pursuant to Rules 68 & 69 of the Trade Marks Rules, Cap 559A, section 147 of the Patents Ordinance, Cap 514 and section 70 of the Registered Designs Ordinance Cap 522 and section 55 of the Registered Designs Rules, Cap 522A, to any member of the public for the purposes set out in paragraph 1.2(c) above. Personal data disclosed to the public may be by open inspection on the Internet.

Enquiries and Access  

1.4 Subject to the requirements of the Copyright Ordinance (Cap. 528), the Trade Marks Ordinance (Cap. 559), the Patents Ordinance (Cap. 514), the Registered Designs Ordinance (Cap. 522) and the subsidiary legislation of these Ordinances, individuals have a right to request access to and correction of his or her personal data held in the registers of the Trade Marks Registry, the Patents Registry, the Designs Registry and the Copyright Licensing Bodies Registry pursuant to sections 18 and 22 of the Personal Data (Privacy) Ordinance, Cap 486 (PDPO). Any such request for access to and correction of personal data may be made to Personal Data (Privacy) Officer at Intellectual Property Department, 24/F Wu Chung House, 213 Queen’s Road East, Wanchai, Hong Kong.

2. Notice against subsequent use

2.1 The provisions of the PDPO apply to the use (including transfer and disclosure) of personal data contained in the registers of the Trade Marks Registry, the Patents Registry, the Designs Registry and the Copyright Licensing Bodies Registry or other personal information collected by such registries. Any person who uses the personal data for any purpose other than the purposes stated in paragraph 1.2 above may be in contravention of the requirements of the PDPO and may render himself/herself subject to legal action and liability to pay compensation.