This Ordinance sets up the Director of Intellectual Property and related offices, gives the Chief Executive appointment and schedule-amending powers, and sets qualification and authority rules for certain officers.
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. [2 July 1990] L.N. 189 of 1990(Format changes—E.R. 5 of 2018) (Enacting provision omitted—E.R. 5 of 2018) 1. Short title (Amended E.R. 5 of 2018)(1) This Ordinance may be cited as the Director of Intellectual Property (Establishment) Ordinance.(2) (Omitted as spent—E.R. 5 of 2018) 2. Interpretation 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). 3. Appointment of Director and other officers (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. 4. Director to hold offices in Schedule 2 The Director shall hold the offices specified in Schedule 2. 5. Powers and duties of officers appointed to assist the Director (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.(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. 6. Chief Executive may amend Schedules The Chief Executive may, by order published in the Gazette, amend the Schedules.(Amended 22 of 1999 s. 3) 7. Transitional provision (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. Editorial Note: * Commencement date: 2 July 1990. 8. Evidence 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. 9. (Omitted as spent—E.R. 5 of 2018) 10. (Omitted as spent—E.R. 5 of 2018) 11. (Omitted as spent—E.R. 5 of 2018) 12. (Omitted as spent—E.R. 5 of 2018) 13. (Omitted as spent—E.R. 5 of 2018) Schedule 1 [ss. 3, 5, 6 & 8] Part 1 1. Deputy Director of Intellectual Property2. Assistant Director of Intellectual Property2A. Assistant Principal Solicitor (Added L.N. 88 of 2011)3. Senior Solicitor4. Solicitor (Added L.N. 272 of 1998) Part 2 1. Principal Intellectual Property Examiner (Added L.N. 407 of 1995)2. Chief Intellectual Property Examiner3. Senior Intellectual Property Examiner4. Intellectual Property Examiner I5. Intellectual Property Examiner II(Amended L.N. 407 of 1995) Schedule 2 [ss. 4, 5 & 6] 1. Registrar of Patents2. Registrar of Trade Marks3. 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)