Director Of Intellectual Property (Establishment) Ordinance


Published: 1997-06-30

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Cap 412 - DIRECTOR OF INTELLECTUAL PROPERTY (ESTABLISHMENT) ORDINANCE 1

Chapter: 412 DIRECTOR OF INTELLECTUAL PROPERTY
(ESTABLISHMENT) ORDINANCE

Gazette Number Version Date


Long title 30/06/1997


An Ordinance to provide for the establishment of the office of Director of Intellectual Property and the appointment of
other officers, to define their powers and duties, and to make provision for connected purposes.

(Enacted 1990)


[2 July 1990] L.N. 189 of 1990
(Originally 35 of 1990)

Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Director of Intellectual Property (Establishment) Ordinance.
(Enacted 1990)


Section: 2 Interpretation L.N. 87 of 2003 28/03/2003


In this Ordinance, unless the context otherwise requires-
"Director" (署長) means the Director of Intellectual Property appointed under section 3;
"legally qualified" (具有專業法律資格) means qualified to practise as a legal practitioner in Hong Kong, the United

Kingdom or in a jurisdiction listed in Schedule 2 to the Legal Officers Ordinance (Cap 87); (Amended 42 of
2000 s. 30)

"Registrar General" (註冊總署署長) means the Registrar General appointed under section 2(1) of the Registrar
General (Establishment) Ordinance (Cap 100).

(Enacted 1990)

Section: 3 Appointment of Director and other officers 22 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 22 of 1999 s. 3


(1) The Chief Executive may appoint a Director of Intellectual Property and such other officers to hold any of
the offices specified in Schedule 1 as may be required to assist the Director in the performance of his duties.
(Amended 22 of 1999 s. 3)

(2) No person shall be appointed to any of the offices specified in Part 1 of Schedule 1 unless on the date of
such appointment he is legally qualified.

(3) The Director, where he is legally qualified, and the holder of an office specified in Part 1 of Schedule 1
shall be deemed to be legal officers for the purpose of the Legal Officers Ordinance (Cap 87) and shall have all rights
conferred upon legal officers by that Ordinance.

(Enacted 1990)

Section: 4 Director to hold offices in Schedule 2 30/06/1997


The Director shall hold the offices specified in Schedule 2.
(Enacted 1990)


Section: 5 Powers and duties of officers appointed to assist the

Director
30/06/1997



(1) The holder of an office specified in Schedule 1 may, subject to subsection (2) and any instructions of the
Director, exercise the powers or perform the duties of the office of the Director.



Cap 412 - DIRECTOR OF INTELLECTUAL PROPERTY (ESTABLISHMENT) ORDINANCE 2

(2) The holder of an office specified in Part 2 of Schedule 1 shall not exercise any right conferred by section
3(3) on the holder of an office specified in Part 1 of Schedule 1.

(3) The Director and the holder of an office specified in Schedule 1 may take any affidavit, affirmation or
statutory or other declaration required by any Ordinance to be made before or produced or delivered to or filed with
the Director or the holder of an office specified in Schedule 2 notwithstanding any Ordinance requiring the taking of
such affidavit, affirmation or declaration by or before any other person.

(Enacted 1990)

Section: 6 Chief Executive may amend Schedules 22 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 22 of 1999 s. 3


The Chief Executive may, by order published in the Gazette, amend the Schedules.
(Amended 22 of 1999 s. 3)

(Enacted 1990)

Section: 7 Transitional provision 30/06/1997


(1) Any thing done before the commencement of this Ordinance by the Registrar General in the capacity of
Registrar of Patents or Registrar of Trade Marks shall be regarded as having been done by the Director in the capacity
of Registrar of Patents or, as the case may be, Registrar of Trade Marks at the time when the thing was done.

(2) Any document which contains a reference to the Registrar General in the capacity of Registrar of Patents or
Registrar of Trade Marks shall have effect on and after the commencement of this Ordinance with the substitution for
such reference of a reference to the Director in the capacity of Registrar of Patents or, as the case may be, Registrar of
Trade Marks.

(3) In any legal proceedings pending on the commencement of this Ordinance to which the Registrar General in
the capacity of Registrar of Patents or Registrar of Trade Marks is a party, the Director in the capacity of Registrar of
Patents or, as the case may be, Registrar of Trade Marks shall as from such commencement be substituted as a party
thereto in lieu of the Registrar General and the proceedings shall continue as if the Director in that capacity had
always been that party.

(Enacted 1990)

Section: 8 Evidence 30/06/1997


Any certificate or document purporting to be given or made in the exercise or performance of any of his powers
and duties-

(a) by the Director under any law; or
(b) by the holder of an office specified in Schedule 1,

shall, unless the contrary is proved, be deemed to be so given or made and be received in any proceedings as evidence
of the facts stated therein.

(Enacted 1990)

Section: 9 (Omitted) 30/06/1997




Section: 10 (Omitted) 30/06/1997




Section: 11 (Omitted) 30/06/1997






Cap 412 - DIRECTOR OF INTELLECTUAL PROPERTY (ESTABLISHMENT) ORDINANCE 3

Section: 12 (Omitted) 30/06/1997




Section: 13 (Omitted) 30/06/1997




Schedule: 1 L.N. 88 of 2011 01/08/2011


[sections 3, 5, 6 & 8]


PART 1

1. Deputy Director of Intellectual Property
2. Assistant Director of Intellectual Property
2A. Assistant Principal Solicitor (Added L.N. 88 of 2011)
3. Senior Solicitor
4. Solicitor (Added L.N. 272 of 1998)


PART 2

1. Principal Intellectual Property Examiner (Added L.N. 407 of 1995)
2. Chief Intellectual Property Examiner
3. Senior Intellectual Property Examiner
4. Intellectual Property Examiner I
5. Intellectual Property Examiner II

(Amended L.N. 407 of 1995)
(Enacted 1990)


Schedule: 2 L.N. 127 of 2001 13/07/2001


[sections 4, 5 & 6]

1. Registrar of Patents
2. Registrar of Trade Marks
3. Registrar of Designs (Added 64 of 1997 s. 95)
4. Registrar of Copyright Licensing Bodies (Added 92 of 1997 s. 280. Amended L.N. 95 of 1999)

(Enacted 1990)

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