1. Personal Information Collection Statement
- The Intellectual Property Department (“IPD”) of the Government of the Hong Kong Special Administrative Region is empowered to collect personal data from you in the course of providing the public services relating to registration of patents, designs, copyright licensing bodies and trade marks respectively under the Patents Ordinance (Cap. 514), Registered Designs Ordinance (Cap. 522), Copyright Ordinance (Cap. 528), Trade Marks Ordinance (Cap. 559) and the relevant subsidiary legislation (collectively “IP legislation”).
- The provision of your personal data is voluntary. However, IPD will be unable to handle your applications or other requests under the relevant IP legislation if you do not provide sufficient information.
Purposes of Collection
Personal data provided in any form or document filed with IPD under any IP legislation will be used by IPD for one or more of the following purposes:
- to perform our functions under the IP legislation, including but not limited to publishing information on our public registers and official journal online;
- to allow parties to conduct relevant proceedings under any IP legislation; and
- to allow public inspection for one or more of the following purposes:
- obtaining information about any application for or registration of patent, design and trade mark (“IP application or registration”);
- identifying the conditions that the registrations of trade marks, patents, and designs may be subject to;
- identifying the applicant, owner, inventor, licensee, assignee, transferee or other interested party (and his representative/agent) in relation to any IP application or registration; and
- permitting persons with a potential interest in proceedings concerning any IP application or registration to ascertain the parties to and pleadings for those proceedings.
- Personal data and other particulars in respect of published IP applications and registrations may be used to contribute to the World Intellectual Property Organization (WIPO) meetings, training and processes and may be shared with other intellectual property authorities and organizations in or outside the Hong Kong Special Administrative Region for the purpose of research and analysis or for facilitating or enhancing services relating to registration or enforcement of intellectual property rights in the Hong Kong Special Administrative Region or elsewhere.
Classes of Transferees
- Personal data collected by IPD relating to published IP applications and registrations are available online on our public registers and the official journal.
Personal data may also be disclosed -
- to any adviser, agent, contractor, sub-contractor or third party (in or outside the Hong Kong Special Administrative Region) who assists IPD in performing its functions under any of the IP legislation or otherwise provides any administrative, computer, information technology or other services to IPD in connection with such functions;
- to parties to relevant proceedings and their agents;
- to members of the public requesting the same in accordance with the relevant provisions of the IP legislation;
- to other intellectual property authorities and organizations in or outside the Hong Kong Special Administrative Region for the purposes set out in paragraph 1.4 above; and
- to such authorities as are authorized or required by any applicable law.
Enquiries and Access
- Subject to the requirements of the IP legislation, individuals have a right to request (i) access to and (ii) 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 may be made to the 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
The provisions of the PDPO apply to the use (including transfer and disclosure) of personal data contained in the public registers of the Trade Marks Registry, the Patents Registry, the Designs Registry and the Copyright Licensing Bodies Registry and other personal information collected by such registries. Any person who uses such personal data for any purpose other than the purposes stated in paragraphs 1.3 and 1.4 above or otherwise in contravention of the requirements of the PDPO is liable to pay compensation and may be subject to enforcement action under the PDPO.