Session No. 5 File name : cedb(cit)- doc



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Examination of Estimates of Expenditure 2010-11


Reply Serial No.




CONTROLLING OFFICER’S REPLY TO
INITIAL WRITTEN QUESTION


CEDB(CIT)173







Question Serial No.







2417




Head :

78 Intellectual Property Department

Subhead (No. & title) :







Programme:




Controlling Officer:

Director of Intellectual Property

Director of Bureau:

Secretary for Commerce and Economic Development



Question:

Please provide details of the consultations on policy making and assessment under all programmes in the following format. Using the table below, please provide information on the consultations for which funds had been allocated in 2009-10:



Name/subject
of consultation

Revised estimate
($)

Progress
of consultation (under planning/
in progress/
completed)

Mode of consultation
(e.g. by means of written submissions, consultation sessions, focus groups), number of consultation exercises, name of organisations and number of people consulted/to be consulted

The Administration’s follow-up actions on the consultation results and the progress made (if applicable)

For consultations already completed, were the results publicised? If so, what were the channels? If not, why not?




















Asked by: Hon. EU Yuet-mee, Audrey
Reply:
Consultations conducted by the Intellectual Property Department (IPD) in 2009-10 are listed as follows:


Name/subject
of consultation

Revised estimate
($)

Progress
of consultation (under planning/
in progress/
completed)

Mode of consultation
(e.g. by means of written submissions, consultation sessions, focus groups), number of consultation exercises, name of organisations and number of people consulted/to be consulted


The Administration’s follow-up actions on the consultation results and the progress made (if applicable)

For consultations already completed, were the results publicised? If so, what were the channels? If not, why not?

Public consultation on the new Copyright Tribunal Rules

Using existing resources

Completed

The Administration published a consultation paper and invited written submissions from the community (in particular professional and copyright licensing bodies) on the government’s proposals.

The Administration has received a total of 7 written submissions from professional and licensing bodies, and has studied and considered all the views collected. The Administration is now working with the consultant in drafting the specific provisions of the new Copyright Tribunal Rules.


Written submissions from professional and licensing bodies have been uploaded onto the websites of IPD and the Copyright Tribunal (www.ipd.gov.hk; www.ct.gov.hk) for public information.

Certificate of Grant of Short-term Patent – Proposed inclusion of notes in the Certificate of Grant of Patent, conveying to the patent owner and relevant parties the message that the Patents Registry has not conducted substantive examination on the patentability of an invention


Using existing resources

Completed

Bodies of intellectual property practitioners (the Law Society of Hong Kong, the Hong Kong Institute of Trade Mark Practitioners and the Asian Patent Attorneys Association (Hong Kong Group) and relevant parties were consulted in writing.

IPD has started implementing the proposal.

Bodies of intellectual property practitioners have been informed through meetings of the implementation of the proposal.

Currently, some applicants do not pay application fees when submitting their trademark applications. To use resources in an effective way, the Trade Marks Registry proposes amending the process of handling such cases

Using existing resources

Completed

Bodies of intellectual property practitioners (the Law Society of Hong Kong, the Hong Kong Institute of Trade Mark Practitioners and the Asian Patent Attorneys Association (Hong Kong Group)) and e-filers registered with IPD were consulted in writing.

IPD has implemented administrative measures to amend the process of handling trademark applications without payment of application fees. In the long run, IPD will consider amending the relevant provisions of the trademark laws and conducting consultation on details of the proposed amendment.

Bodies of intellectual property practitioners and e-filers have been informed of the implementation of the administrative measures in writing.


Signature




Name in block letters

Stephen SELBY

Post Title

Director of Intellectual Property

Date

18.3.2010


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