1. Personal Information Collection Statement

1.1 The Patents Registry, Designs Registry, Copyright Licensing Bodies Registry and Trade Marks Registry under the Intellectual Property Department (collectively “IPD”) of the Government of the Hong Kong Special Administrative Region (“HKSAR”) are empowered to collect personal data from you in the course of providing the public services relating to any application for or registration of patent, design, copyright licensing body and trade mark (collectively “subject application/registration”) 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”).

1.2 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



1.3 Personal data provided in any form or document filed with, served on or otherwise sent to IPD, whether on paper or by electronic means, under any IP legislation or any international/regional treaty on intellectual property as applicable to HKSAR (collectively “IP treaty”) will be used by IPD for any of the following purposes:


    

  1. to perform IPD’s functions, duties and obligations in accordance with the IP legislation and any IP treaty, including but not limited to publishing information on public registers and official journals by paper/electronic means, and furnishing information with the court and any other intellectual property authority/institution/organization (collectively “IP agency”) in or outside the HKSAR (including but not limited to the World Intellectual Property Organization);
    2. 

  2. to enable parties and their agents to initiate and conduct relevant proceedings (including legal, arbitration and mediation proceedings) concerning any subject application/registration; and
    3. 

  3. to allow public search and inspection, in person or by electronic means, of documents, materials and any other information collected and kept by IPD in accordance with the IP legislation and any IP treaty for any of the following purposes:

      

    1. obtaining information and particulars about any subject application/registration;
      2. 

    2. identifying the applicant, holder, owner, inventor, licensee, assignee, transferee or other interested party (and his representative/agent) in relation to any subject application/registration; and
      3. 

    3. enabling persons with a potential/legitimate interest in relevant proceedings concerning any subject application/registration to ascertain the parties to, pleadings, information, rulings and decisions concerning those proceedings.
      4. 

    

    4. 



1.4 Personal data and other particulars in respect of any published subject application/registration may, as and when appropriate, be—


    

  1. used by IPD; or
    2. 

  2. shared with any IP agency or any consultant/adviser/agent/contractor/sub-contractor/other service provider engaged by IPD, whether in or outside the HKSAR, 

    for any of the following purposes—

    

      

    1. research/study/analysis/discussion/publication of data/issues relating to intellectual property;
      2. 

    2. public administration of intellectual property, for instance facilitating or enhancing public services relating to registration or enforcement of intellectual property rights in the HKSAR or elsewhere;
      3. 

    3. capacity building, promotion and education through local, regional and international collaboration on promoting awareness, protection, management, exploitation and commercialization of intellectual property assets.
      4. 

    

    3. 



Classes of Transferees




1.5 Personal data collected by IPD relating to any published subject application/registration is available online on the public registers and official journals of IPD and any other IP agency outside the HKSAR in accordance with the IP legislation and any IP treaty.


1.6 Personal data may, as and when appropriate, also be disclosed to—


    

  1. any adviser, agent, contractor, sub-contractor or other service provider, whether in or outside the HKSAR, who is enlisted or engaged to provide assistance or services to IPD in support of discharge of IPD’s statutory, administrative, contractual or regulatory functions, duties and obligations;
    2. 

  2. parties to relevant proceedings concerning any subject application/registration and their agents for the relevant purposes set out in paragraphs 1.3 and 1.4 above;
    3. 

  3. members of the public requesting the personal data under the applicable legislation;
    4. 

  4. any other IP agency in or outside the HKSAR for the relevant purposes set out in paragraphs 1.3 and 1.4 above; and
    5. 

  5. such authorities, including the court, as are authorized or required by any applicable law.
    6. 



Enquiries and Access




1.7 Subject to the requirements of the IP legislation, an individual has right to request (i) access to and (ii) correction of, his or her personal data held in the respective registers of the Patents Registry, Designs Registry, Copyright Licensing Bodies Registry and Trade Marks 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 of the Intellectual Property Department of the Government of the HKSAR, 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 respective registers of the Patents Registry, Designs Registry, Copyright Licensing Bodies Registry and Trade Marks Registry, and any other personal information collected by such registries. Any person who uses such personal data for any purpose other than the purposes stated 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.