IC Statement

7/27/2019 IC Statement

1/47


2/47


3/47

1

Intellectual Capital Statement 2009

LeifEdvinsson

Intellectual Capital Management (ICM) is a management tool,

which allows organisations to tap into reservoirs of knowledge

and expertise that they already possess but may not be exploiting

effectively.

This Intellectual Capital Statement, based on the theoretical

framework of ICM, is intended to identify the Intellectual

Property Departments strengths and weaknesses in the use

of knowledge. It is also intended to indicate what knowledge

our Department is applying most effectively to create value for

stakeholders.

With this Statement, our Department is able to shareinformation with stakeholders, as well as the general public,

about the knowledge capitals and other intangibles in our

Department.

The Statement includes:

An introduction to our Department;

An outline of our development strategies;

An overview of the stakeholders values;

An outline list of our Departments intellectual assets; and

An assessment of potential risks and liabilities attaching to

these assets, and respective mitigations.

This Statement has been completed with professional assistance

and advice from the Knowledge Management Resource Centre

of The Hong Kong Polytechnic University.

As with most intellectual capital statements, this Statement

does not attempt to assess a potential monetary value for

intellectual capital, nor to assess the operational effectiveness

of the Department in using it. That is left for separate

exercises, if necessary.

The Department acknowledges with thanks the assistance

and advice provided by Knowledge Management ResourceResearch Centre of The Hong Kong Polytechnic University,

Professor Leif Edvinsson, Adjunct Professor at Lund University

and Visiting Chair Professor of Intellectual Capital at The Hong

Kong Polytechnic University.

Stephen Selby

Director of Intellectual Property

The Government of the Hong Kong SAR

Preface


4/47

2


3IntellectualPropertyDepartment

4DevelopmentStrategiesoftheDepartment

8UnderstandingtheNeedsofOurStakeholders

15CreatingValueforStakeholders

25KnowledgeTransferandSharing

28RiskAnalysisandRiskMitigation

31TheWayForward

2008420093 32

AppendixI-ListofIndicatorsforthePeriodbetweenApr2008toMar2009 34

36AppendixII-AListofDatabases,ElectronicandPaperRecordsandIPRightsoftheDepartment 38

40AppendixIII-StructuralCapitalwhichSafeguardsGoodGovernance 42

44AppendixIV-AnchorPersonsSystem

Content


5/47

3


199072

1.()

2.

3.4.

(WTO)(APEC)(TRIPSAgreement)

To underline Hong Kongs commitment to intellectual property

protec tion, the Government es tabl ished the In te llec tual

Property Department (the Department) on 2 July 1990. The

Department is responsible for:

1. Advising the Secretary for Commerce and Economic

Development on policies and legislation to protect

intellectual property in the Hong Kong SAR;

2. Operating the Hong Kong SARs Trade Marks, Patents,

Registered Designs and Copyright Licensing Bodies

Registries;

3. Promoting intellectual property (IP) protection throughpublic education; and

4. Providing legal advice to Hong Kong government bureaux,

departments and trading funds on non-litigious intellectual

property matters.

Intellectual property laws are domestic. However, various

international conventions require member countries or

economies to recognise rights of persons from the other

member countries. The main international intellectual property

conventions which have been applied to the Hong Kong SAR

are:

The Paris Convention for the Protection of IndustrialProperty;

The Berne Convention for the Protection of Literacy and

Artistic Works;

The Universal Copyright Convention;

The Geneva Convention for the Protection of Producers of

Phonograms Against Unauthorised Duplication of Their

Phonograms;

The Patent Cooperation Treaty;

The Convention establishing the World Intellectual Property

Organisation;

The WIPO Copyright Treaty; and

The WIPO Performances and Phonograms Treaty.

Hong Kong, China is a member of the World Trade

Organisation (WTO) and Asia-Pacic Economic Cooperation

(APEC) in its own right, and our intellectual property protection

system meets the standards set out in the WTO Trade-Related

Aspects of Intellectual Property Rights Agreement (the TRIPS

Agreement).

Mission Statement o the Department

To maintain the protection of intellectual property rights

to the highest international standards, so that Hong Kong

remains a place where creativity and talent can ourish.

To provide high-quality and responsive patent, trademarkand designs registration services to the public in Hong Kong.

To promote awareness of intellectual property rights of the

individual, and a respect for the rights of others.

Intellectual Property Department


6/47

4


Development Strategies of the Department

Established by statute, the principal functions and objectives of

the Department are specied in legislation. Beyond fullling

statutory requirements, the Department strives to maintain

the protection of intellectual property rights to the highest

international standards, so that Hong Kong remains a place

where creativity and talent can ourish.

The Departments statutory services are those involving the

administration of Hong Kongs intellectual property laws

part icularly in relation to providing efficient and quality

registration services for registrable rights. As Hong Kong isadvancing towards to a knowledge-based economy, the demand

for intellectual property right registration is continuing to

grow. To cope with this surging demand while optimising use

of resources, the Department has developed strategic plans to

upgrade its automated systems and electronic service delivery

channels.

Connected with these statutory requirements is the need to

maintain an appropriate level of contact and co-operation with

international organisations related to our statutory obligations,

such as the World Intellectual Property Organization (WIPO),

the Designated Patent Offices under the Patents Ordinance,WTO and APEC. The Department has clear directions in

developing closer ties with these international organisations.

In addition to our statutory services, the Department also offers

policy and legislative support to CEDB, and undertakes public

education and legal advisory services to other Government

bureaux, departments and trading funds. The range of areas

requiring policy/legislative support for CEDB currently

include legal and policy research, advice on preparing drafting

instructions for new legislation or rules, support in public

consultation and assistance in explaining policies and draft

legislation to the Legislative Council and the public. The

Department has set a strategy in developing an effective

knowledge management system to

facilitate these areas of work.

Public education currently needs to

focus on winning over young people

to the need for respect of intellectual

property rights, with a special focus

in those relating to copyright works

on the Internet. Additional focus is

also required on ensuring businesscommunity compliance with laws

requiring the use of genuine software

A.P.A.T.

A.P.A.T. is a 3-D role-playing game aims

to educate the youth the knowledge aboutintellectual property


7/47

5


on ofce computers. The Department has developed strategies

to rene the focus on young people and copyright works on the

Internet.

()

Intellectual Capital Management Consultancy Programme is a ree on-site consultancy service targetedto all organisations based in Hong Kong, with a particular ocus on small and medium enterprises.

()

(

)

A particular challenge to be met is the growing demand from

the commercial sector and small and medium enterprises

(SMEs) in particular for advice on their intellectual property

problems. Such a demand needs to be met without competing

unfairly with the legal profession. The Department has

launched an Intellectual Capital Management Consultancy

Programme, a pilot scheme which assists SMEs in mitigating

intellectual property-related risks without providing specific

legal advice to clients.

At the same time, Hong Kongs intellectual property

professional services are a valuable knowledge resource which

merit promotion in the Region. The Department is actively

searching for opportunities to provide structured training

programmes for IP Examiners, and to ensure that Hong Kongs

expertise in IP protection (both in terms of the Government and

private IP professionals) is more widely known.

Using the terminology of intellectual capital management, the

strategic developments of the Department could be categorised

into Human, Structural and Relational Capital elements:

Strategic Developments in Human Capital

Develop a structured and systematic training and continuous

learning programme for IP Examiners to further improve the

quality of the registration services; and

Deploy an integrated staff development programme and

long-term staff personal development in the Department.


8/47

6


Strategic Developments in Structural Capital

Continuously improve electronic delivery of services to meet

the growing demand for efcient electronic service in Hong

Kong and overseas;

Explore possibilities of implementing new and innovative

delivery of services which are of extra value to our

stakeholders;

Improve the electronic platforms used by staff to provide

IP registration services so as to meet their work needs and

occupational safety;

Develop and deploy an effective knowledge management

and a sharing platform to cover major areas of the

Departments work; and

Develop a toolbox in intellectual capital management to help

local enterprises to understand their enterprise knowledge,recognise the risks that are attached to it, and develop

their own risk mitigation measures, so as to achieve a self-

help prevention is better than cure approach to protecting

enterprise intellectual property.

Latest publicity material on introducing the dierences between company

registration, business registration and trademark registration in Hong Kong.


9/47

7


Strategic Developments in Relational Capital

Participate actively in international fora that may inuence

or affect our delivery of statutory services;

Promote Hong Kong as a place which effectively protects

the fruits of research, development and creative effort;

Enhance the efficiency of the Departments interactions

with international organisations and bodies, by using digital

communications technology where possible and appropriate;

Maintain a network of overseas experts in various elds of

IP law and practice so as to ensure current knowledge of

developments outside Hong Kong which impact on or assist

in the improvement of the HKSARs IP regime;

Enhance interaction with Members of the Legislative

Council and their staff, to enhance their understanding of

the Governments policies and legislative programmes, andproactively to take early account of Member s individual

views relating to IP protection in Hong Kong;

Develop a strong network of interaction with Hong Kong

SMEs (including those operating in neighbouring regions of

the Mainland) so as to maintain an up-to-date knowledge of

their problems and guide them towards solutions; and

Promote the services of Hong Kongs IP legal and

professional industries both in Hong Kong and in the Pearl

River Delta so as to assist in building IP legal services as an

important knowledge industry in the Region.


10/47

8


Understanding the Needs of Our Stakeholders

1999

2004

10

1

Unlike many private sector enterprises, intellectual property

owners throughout the world are stakeholders of the

Department. Within Hong Kong itself, chambers of commerce,

IP practitioners, solicitors and many other groups are close

working partners of the Department. Other organisations,

including organisations in Hong Kong, overseas and within the

Mainland share the Departments work in promoting public

awareness of intellectual property rights protection.

The Department also represents the Hong Kong SAR in many

international fora and organisations and publicises Hong

Kongs efforts in intellectual property rights protection and the

cultivation of creativity to a wider international audience. This

promotes Hong Kongs international image as a desirable place

to invest and do business.

In order to keep track of the publics awareness of intellectual

property rights, the Department has been conducting Surveys

on Public Awareness of Intellectual Property Rights Protection

since 1999. The Surveys reveal the current level of public

awareness of IPR protection; benchmark the Departments

work on public education and compare the changing patterns of

public attitude towards intellectual property rights.

At the same time, business peoples attitudes towards

intellectual property rights are of interests to the Department.

In order to provide input into Government's policies in

establishing intellectual property as a vital driving force

towards a knowledge-based economy, the Department has

been conducting Surveys on Business Attitudes to Intellectual

Property since 2004.

The Survey on Business Attitudes to Intellectual Property and

the Survey on Public Awareness of Intellectual Property Rights

Protection both offer an evidence-based approach to study thelatest trends on changes of attitude towards intellectual property

rights among the general public and the business world. With

this evidence, the Department is able to formulate appropriate

public education and promotion activities, which could address

changes of attitudes in the general public and the business

world. Furthermore, both surveys reect the effectiveness of

the public education and promotion efforts of the Department

and serve as key performance indicators.

Who our stakeholders are

From the work portfolio of the Department, ten majorcategories1 of stakeholders have been identified to conduct

stakeholder interviews for the Statement.

11

This list is not intended to be exhaustive.


11/47

9


Category Representatives from

Policy Bureaux Commerce and Economic Development Bureau

Partners or Service Delivery Customs and Excise Department

Legal Proession & Practitioners Asian Patent Attorneys Association Hong Kong Group

Rights-owners & Applicants Composers and Authors Society o Hong Kong

Chamber o Commerce Federation o Hong Kong Industries

IP Societies Hong Kong Intellectual Property Society

Foreign IP Ofces IP Australia

Press & General Public Local Media

The Legislative Council The Legislative Council

Internal Sta Each Operational Division o IPD

1: Table 1: A List o Stakeholders o the Department.

To ensure impartiality, consultants from The Hong Kong

Polytechnic University conducted nine individual interviews

with representatives from the respective stakeholder category.

A consultant from The Hong Kong Polytechnic University and

the Department jointly conducted interviews with the internal

staff members.

Values o the External Stakeholders

According to the series of interviews with external

stakeholders, registration of various intellectual property rights,

promotion of IP awareness through public education and the

advice on civil litigation and legislation on IP matters to the

Government are reported to be the major functions of the

Department. External stakeholders also see collaboration with

Hong Kong Customs on IPR enforcement as an important work

area of the Department.


12/47

10


(

)

In addition to these statutory functions, external stakeholders

see the Department as a channel to reect views and needs of

local industries, chambers of commerce and associations. The

Department also maintains good relationships and collaborateswith the external stakeholders in promoting IPR awareness.

The close relationship of the Department with the IP ofces in

the Mainland are valuable to external stakeholders, since the

Department could act as a proxy in experience-sharing and

exchanging opinions. Furthermore, the extensive network

of contacts of the Department in the IP-community helps

showcase the continuous efforts of IPR protection in Hong

Kong, which is particularly benecial to promoting Hong Kong

as a place where creativity and talent can ourish, and maintain

Hong Kongs reputation as a place for business.

Values that External Stakeholders Treasure

External stakeholders value the electronic service platform

(the Online Search and e-Filing System), which is in line with

the e-Government initiative. External stakeholders comments

were that these systems are user-friendly, informative, efcient

and of particular value to them.

Interviewees thought that the professional team of the

Department provides consistent and efficient services toexternal stakeholders. Enquiries are professionally handled and

the Trade Mark Work Manual is readily available online.

Extensive marketing knowledge and high sensitivity to the

market also create value for our external stakeholders; the

No Fakes Pledge Scheme is the most often cited successful

example of the Departments promotion of intellectual

proper ty rights awareness through public educat ion. The

newly-launched Intellectual Capital Management Consultancy

Programme is highly appreciated by external stakeholders for

its innovative approach to assisting SMEs in managing theirintangible assets.

The Department has built a positive image in the international

community, while external stakeholders particularly appreciate

the professional knowledge and diplomatic and communication

skills of the Department. External stakeholders also cite the

close relationships with various local organisations, such

as chambers of commerce; IP offices in the Mainland and

international organisations, such as WIPO, WTO and APEC.


13/47

11


(

)2

Challenges and Risks that ExternalStakeholder Have Identifed

The most often cited challenge to the Department is therelatively high staff turnover rate. External stakeholders

anticipate that the Department could face difculty in retaining

essential knowledge and experience within the Department.

Some external stakeholders have concerns on the weak

practical knowledge in highly specialised fields, such as

engineering and chemistry in the context of handling patent

applications2. External stakeholders suggest the Department

collaborate with universities in developing structured and

systematic training programmes related to IP examination.

Interviewees recommended that the Department should keep up

with the latest international practices and legislation in the area

of information and communication technology, multimedia and

digital entertainment. External stakeholders also suggested that

the Department could play a proactive role in facilitating the

growth of the creative industries.

What Internal Stakeholders Attach Value to

IPDs staff attach value to positioning the Department as

a specialised legal profession government agency, with acomprehensive knowledge in local and international intellectual

property laws, backed by a solid knowledge of international

treaties, overseas legislation and other related laws such as

contract law.

Individual staff of the Department is committed to upholding

the highest standards of IP protection and personal integrity.

Established mechanisms are in place to safeguard corruption

prevention, equali ty of rights , personal data protec tion,

confidentiality of proprietary information and access of

information by the public.

Staff of the Department highly appreciate various arrangements

on creating and maintaining a harmonious working

environment, such as Work Smart but Casual Dress Code,

Flexible Attendance, Options for Working Hours, various

recognition awards and regular leisure activities and events.

Staff of the Department are flexible and ready to face new

challenges. They make good use of the learning opportunities

provided by the Department, such as sponsored studies and

other continuing education.

2 2 The Departent does not carry out substantive examination o patents.


14/47

12


14

14

38%

To advise the Secretary for Commerce and Economic

Development on policies and legislation to protect intellectual

property in the digitalised environment, staff of the Department

attach great value to an exhaustive knowledge of IT andInternet operations. Furthermore, they value their networks

of overseas contacts and are ready to present Hong Kongs

policies at international events and occasions.

To provide convenient and efficient patent, trademark and

designs registration services to all rights-owners, staff of

the Department attach value to the ability to make firm

decisions based on evidence and communicate effectively and

courteously with applicants.

To provide legal advice to other government bureaux,departments and trading funds on non-litigious intellectual

property matters, staff of the Department attach value to the

ability to analyse questions and provide prompt, succinct and

user-friendly practical legal advice.

To perform the quasi-judicial function of resolving trade mark

disputes, staff of the Department attach value to an excellent

knowledge of trade mark hearing procedures and highly-

developed skills in writing legal decisions, upholding the

highest degree of impartiality and neutrality.

To promote intellectual property protection through public

education, staff of the Department attach value to event

management and marketing skills, handling media enquiries

in a professional manner. They value well-developed

presentations skills, and an ability to explain IP in general and

simple terms to the general public.

How Much Value Internal StakeholdersAttach to Each Item

Suggested by frontline staff, and then further substantiatedby senior officers, 14 intellectual capital elements have been

identied within the Department. Each of these 14 intellectual

capital elements is hence weighted by senior ofcers, according

to the perceived importance of the respective element to

creating value for the Departments internal and external

stakeholders.

The Department provides direct services to the public. Its

workforce is the single most important capital element, which

is reected being the highest weighted one amongst the three

and equal to 38% to the perceived total weightings.


15/47

13


1:

Diagram 1: Intellectual Capital (IC) o IPD Weighted According to Assessed Contribution towards Creating Value or Stakeholders

Under Human Capital, three intellectual capital elements have

been identied: professional knowledge, personal competence

and self-improvement. The strongest emphasis is put on the

professional knowledge (18%), which is dened as knowledge

having a direct link and high relevance to ones job. It can be

acquired only through formal training and accumulates through

years of experiences. The second most important element

is personal competence (16%), which includes an array of

qualities in personal effectiveness, such as interpersonal skills

and personal integrity.

Structural Capital and Relational Capital are weighted

equally by internal stakeholders (31%). Under the umbrella

of Structural Capital, five intellectual capital elements are

identied: documented procedures, design of IT infrastructure,

knowledge repositories, IP promotion resources and staff

development programmes. Design of IT infrastructure receives

most of the attention under the Structural Capital (9%),

which is defined as the documented materials of the overall

development and maintenance of the IT infrastructure currently

utilised by the Department and its service users.

Six intellectual capital elements are identied under Relational

Capital, where the aggregated weighting for elements relating

to the public reaches 19%, including relation with the

general public, image/reputation and relation with external

stakeholders. This corresponds to the missions of the

18%

16%

(31%)

9%

19%


16/47

14


Department, which is responsible for promoting IPR awareness

through public education. Relations with the General Public

refer to the bonding with all members of the public, while the

relations with external stakeholders refer to the relationshipwith identified external parties. Image/reputation is the

end-product of the effort of the Department in managing

relationships with the public and the external stakeholders.

2009215One o the IPR protection campaigns I Pledge Campaign (10th Anniversary Music Carnival on 15 February 2009)


17/47

15


Creating Value for Stakeholders:

the Intellectual Capital of the Department

The Department seeks to create value for stakeholders. Resting

upon a solid organisational structure, with a clearly-defined

Mission Statement and visionary strategies and development

plans, the Department has been delivering high quality services

to stakeholders with the ultimate goal of maintaining Hong

Kong as a place where creativity and talent can flourish.

The Intellectual Capital of the Department complements

the organisational structure, which further supports overall

performance of the Department to ensure service excellence.

Most importantly, continuous accumulation of experience

in delivering services to stakeholders further reinforces the

Intellectual Capital of the Department. Years of experience in

delivering seminars and talks on intellectual property rights

protection in schools not only helps disseminate the message

of protecting intellectual property rights, but also further

strengthens the presentation and interpersonal skills of our staff

members.

2:Diagram 2: IC Capital Flow in the Department


18/47

16


Human Capital

Human capital refers to a spectrum of employees individual

qualities and capabilities, supplemented by their effectiveness

in working as a team towards the Departments goals. The

Department accesses these invaluable individual qualities and

capabilities through employment. Consequently, all human

capital could potentially leave the Department.

Therefore, it is crucial for all organisations to capture and

internalise their human capital and hence minimise the impact

of losing key staff members. Unlike the private sector, most of

our staff are civil servants on permanent terms of employment

in the Department. The risk of a brain-drain is much less than

the risk of diminishing motivation, and hence it is the priority

of the Department to constantly review and revise its staffdevelopment policies on motivating staff.

Human Capital

2008-09 2009-10 Indicator Number in 2008-09 Target in 2009-10

ProfessionalKnowledge(18%)

29%

Law-relatedDegreeHolders

8.79

AverageYearsofService

PersonalCompetence(16%)

0

IncidentsRelatedtoPersonalIntegrity

26

AttendingChinese/EnglishCourses

Self-Improvement(4%)

3

3

JobRotation/Secondment

0

LearningForeignLanguages

HK$2,349

SpendingonTrainingperHead

9

SponsoredLocalTraining

26SponsoredOverseasTraining

2:Table 2: List o Indicators or Human Capital


19/47

17


29%

8.79

(

)

2008-09

2008-09

26

2008-09

Proessional Knowledge

As one of the specialised legal service departments inside

the Government, professional knowledge of IP law and

related laws is the most important human capital element

of the Department. To deliver professional services in IPR

registration, legal advisory work relating to IP, legal matters

in copyright and quasi-judiciary functions, around 29% of the

Departments workforce holds law-related degrees.

Years of service in respective grades and their accumulated

experience correlate positively to the service excellence of the

Department. On average, staff members have 8.79 years of

experience in their respective grades.

Personal Competence

Intellectual property is often of high commercial value. An

impartial and fair registry offers certainty and peace of mind

to all stakeholders. Personal integrity of our staff members

is of paramount importance. Therefore there are established

mechanisms to allow staff members to report any indebtedness,

possible conict of interests and other relevant issues. Thanks

to these mechanisms, there has been no incident related to

personal integrity in 2008-09.

Effective language skills are essential in handling complexlegal matters and communicating well with service users.

Putonghua has become more important, as there are growing

numbers of applications from the Mainland of China. As

such, the Department has been encouraging colleagues to

further polish their Chinese and English skills. In 2008-09, 26

training opportunities in Chinese and/or English language were

provided.

Sel-Improvement

Continuous learning and self-

improvement are important in

keeping the knowledge of our staff

members fresh. Although job-

rotation allows colleagues to gain

br oa de r kn owled ge on va rio us

fronts, the heavy workload often

prohibits such arrangements . In

2008-09, the Department was able

to arrange job-rotation for three

colleagues within the Department.

Colleagues are also encouraged to

apply for sponsorship to attend theforeign language courses.


20/47

18


2008-09

2,349

926

In 2008-09, the Department spent an average of HK$ 2,349

on each staff member for training. In addition, to broaden

horizons, the Department also sponsored nine local trainings

and 26 overseas trainings.

Structural Capital

Structural Capital is the basis for sustainable use of knowledge

within the enterprise. In addition, it provides a system for

spreading knowledge consistently between knowledge workers,

thus helping to ensure a consistent standard of services to all

users. The Department has been investing heavily to develop

and strengthen the electronic work platform, so as to cope with

the growing demand. During the course of development of the

electronic work platform, great attention has been paid to the

views of staff members as well as external users.

3:

Table 3: List o Indicators or Structural Capital

Structural Capital 2008-09 2009-10

Indicator Number in 2008-09 Target in 2009-10

DocumentedProcedures(6%)

3NumberofDocumentedProcedures

55

Circulars&MemosinEffect

52

UnauthorisedSoftwareInstalled

DesignofITInfrastructure(9%)

58.96%

TrademarkApplicationsFiledElectronically

49.07%

PatentApplicationsFiledElectronically

43.40%DesignApplicationsFiledElectronically

118

Numberofe-FilersRegistered

KnowledgeRepositories(7%)

3,733

ItemsinLibrary

IPPromotionResources(3%)

2

NumberofNewAPIsProduced

220,400

Hit-RateofOnlineIPEducationMaterials

StaffDevelopmentProgramme(6%)

1

StaffTrainingManual


21/47

19


2008-09

2009355

2008-09

52

200812

2009

Documented Procedures

Thanks to the electronic work platform, the Department is

able to capture and hence document necessary operational

procedures as its Structural Capital. Four Registries of

the Department have documented procedures to assist IP

Examiners in examining applications. With these documented

procedures in place, the quality of service is maintained

and external users of the system can contribute to having

that their applications handled efficiently by having regard

to the Departments internal procedures when they draft

their applications. In 2008-09, the Department has three

documented procedures, namely Trade Marks Registry Work

Manual, training summary on patent examination and training

summary on design examination.

In addition to documented work procedures, the Department

also implements other government -wide and departmental

policies on administration. As of March 2009, there were 55

circulars and memoranda in effect in the Department, covering

a broad range of topics and disciplines. Appendix III shows the

main circulars and memoranda in effect.

In particular, to comply with the Circular on Use of

Unauthorised Computer Software in Government and Liability

to Disciplinary Action, the Department is running automatic

alert system to monitor any unauthorised computer softwareinstallation. In 2008-09, there were 52 reported unauthorised

installations of genuine software. In December 2008, a new

Software Asset Management system has been implemented to

strengthen the surveillance, and the user privilege setting had

been changed so that no computer software can be installed by

individual users.

To further ensure the implementation of circulars and

memoranda in effect, the Department runs an Anchor Persons

System, where ofcers are appointed to monitor different areas

of work, such as staff complaints, gender equality, internship

co-ordination, etc. A list of Anchor Persons for 2009 is

available in Appendix IV.

Design o the IT Inrastructure

The design of the electronic work platform benefits all

service users. With the introduction of e-Filing System and

Online Search System, service users are able to complete

most of the registration applications electronically and thus

reduce consumption of paper. e-Commerce is only effective

with active participation of e-Clients, therefore the number

of e-Clients and their volume of applications are importantindicators.


22/47

20


20093

1182008-0960%

49%43%

3,733

2008-09

2008-09

220,400

By the end of March 2009, there were 118 e-Filers registered

with the Department. In 2008-09, nearly 60% of new trade

mark applications were led electronically; while 49% of the

patent applications and 43% of the design applications wereled electronically in the same period.

Knowledge Repositories

Knowledge, ranging from a record of a telephone contact to

case studies, is vital for the development of the Department.

Effective and efcient knowledge repositories help capture and

then document the know-how and skills of the Department;

more importantly, knowledge repositories are common fora for

staff members to share and disseminate their knowledge. The

Department is running several Knowledge Repositories; theLibrary of the Department has 3,733 books, publications and

journals.

IP Promotion Resources

Prevention is better than cure, and hence the Department

organises campaigns and activities to promote IPR protection

among the public. The Department has released a large number

of promotional materials. In

2008-09, two Announcement

of Public Interest (API)video were produced to

disseminate the message of

IPR protection. A bank of

IPR protection materials is

now available online and in

2008-09 they were accessed

220,400 times.

I n a d d i t i o n t o t h e

promotional materials , the

Department has organisedI Pledge Campaign, No

Fakes Pledge Scheme and

many other campaigns. The

No Fakes Pledge Scheme

is a well-recognised brand

in Hong Kong and South

China.


23/47

21


2008-09

2008

17.2%

91.4%

2008

92%

2008

71.1%

50.1%

80%

Sta Development Programme

The Department has established various training programmes

for colleagues. Newly recruited solicitors are attached tovarious teams before being assigned a position, while IP

Examiners are under direct supervision before conducting

examination independently. During 2008-09, the Department

has one staff training manual for all newly recruited.

Relational Capital

Relational Capital is an important capital element of the

Department, which has a strong focus on the relationship

and collaboration level with stakeholders. As a government

agency, good will, trust and public support are the important

value of the Department. In addition to local stakeholders,

the Department also outreaches to overseas governments and

participates in international organisations.

Relations with the General Public

The Department serves the public and values its relationship

with the public. The Survey on Public Awareness of

Intellectual Property Right Protection and the Survey on

Business Attitudes to Intellectual Property are the major

assessment tools used to gauge the relation with the general

public. In the 2008 surveys, 17.2% of respondents from the

public were aware of the Department and its functions; while

91.4% of respondents from the business sector were aware of

the Department and its functions.

Image / Reputation

The Department is striving for excellence in providing

effective and efficient services to the public. To understand

the users experience and feedbacks to the current services, aUser Satisfaction Survey is commissioned by the Department.

From the 2008 User Satisfaction Report, 92% of respondents

expressed satisfaction with both the e-Filing and Online Search

Systems.

From the Survey on Public Awareness of Intellectual Property

Right Protection 2008, 71.1% of respondents considered the

public education activities organised by the Department as

effective, while 50.1% were aware of No Fakes Pledge

Scheme; over 80% of respondents expressed that they have

seen these materials.


24/47

22


2009

HSBC4.8(5)HKQAA-HSBC

The Department cares about the community. There are annual

blood donation activity, visiting home for people with limited

mental capability, DVD donation to charities, and others. In

the Hong Kong Quality Assurance Agency-HSBC CorporateSocial Responsibility Advocate Index, the Department has

scored 4.8 points out of 5 points in 2009, and received the

HKQAA-HSBC CSR Index Advocate Mark.

4:

Table 4: List o Indicators or Relational Capital

32008

From spontaneous response over the telephone rom the Survey on Public Awareness o IntellectualProperty Right Protection 2008

42008

From written response rom questionnaire rom Survey on Business Attitudes to Intellectual Property 2008

52008

From User Satisaction Survey 2008

Relational Capital

2008-09 2009-10 Indicator Number in 2008-09 Target in 2009-10

RelationswiththeGeneralPublic(6%)

3 17.2%

AwarenessofIPDanditsFunctionsinGeneralPublic

4 91.4%

AwarenessofIPDanditsFunctionsinBusinessSector

Image/Reputation(6%)

5 92%

SatisfactionRatewithOnlineSearchSystem

5 92%

SatisfactionRatewithe-FilingSystem

3 71.1%

EffectiveP&EActivities

3 50.1%AwarenessofNoFakesPledgeBrand

3

80.4%

PromotionsofIPDrecalledbythepublic

RelationwithExternalStakeholders(7%)

13

CollaborationswithBureaux/Departments

32

CollaborationswithExternalStakeholders

RelationwithInternalStakeholders(4%)

661NumberofParticipantsinVoluntaryEvents

RelationswithMainland,ForeignGovernmentsandInternationalOrganisations(5%)

27

CollaborationswiththeMainland

25MeetingswithForeignGovernments

6

CollaborationswithOverseasIPOffices


25/47

23


2008-09

13

2008-09

32

2008-09661

2008-09

27

Relations with External Stakeholders

It is important to have an integrated government effort in

promoting IPR protection. The Department has been workingclosely with other government bureaux and departments in

public education work. In 2008-09, the Department joint ly

organised 13 events with other bureaux and departments: Hong

Kong Customs and Commerce and Economic Development

Bureau.

To have a better understanding on the needs of local

stakeholders, the Department conducts regular meetings with

stakeholders, including IP practitioners, the legal profession,

rights-owners and chambers of commerce. In addition to

facilitating the communication between stakeholders and theDepartment, these regular stakeholder meetings also foster

trust.

In addition to collaborating with government bureaux and

departments, the Department has also jointly organised 32

seminars, conferences and workshops with other stakeholders,

namely local chambers of commerce and trade associations.

Relations with Internal Stakeholders

The Department values its staff relations. There are formal andregular meetings to facilitate internal communication within

the Department, including the Departmental Consultative

Committee, Senior Officers Meetings and Directorate

Meetings. Staff are encouraged to bring up issues of interests

and voice out their concerns.

After office hours, there are a number of programmes and

voluntary events for staff members. In 2008-09, there were

661 participants in events such as the annual Christmas Party,

Tai-chi classes and other interest groups.

Relations with the Mainland Government,Overseas Governments and InternationalOrganisations

To maintain the protection of intellectual property rights to

the highest international standards, the Department maintains

contacts with the Mainland counterparts and overseas IP

offices. In 2008-09, the Department had 27 collaboration

projects with the Mainland Government, namely the Mainland,

Hong Kong SAR and Macao SAR Intellectual Property

Symposium 2008, No Fakes Pledge Scheme in GuangdongProvince, Chinas Intellectual Property Strategy Forum and

the Intellectual Property Experts Meeting of the Hong Kong /

Guangdong Co-operation Joint Conference.


26/47

24


2008-09,

25

The Department held 25 bilateral meetings with delegates and

visitors from foreign governments in 2008-09. During these

meetings, the Department introduced the intellectual property

right protection efforts of Hong Kong and showcased them tothe international community.

2008Christmas Party 2008


27/47

25


Knowledge Transfer and Sharing

Intellectual property is a highly specialised eld of legal study,

while the Department is one of the few agencies in Hong Kong

offering services in IPR. There are few academic programmes

specialised in IPR available locally, while the coverage on IPR

in general legal study programme is limited. In this connection,

it is crucial for the Department to transfer its knowledge to the

community and encourage more lawyers and interested parties

to join the IPR eld.

Knowledge Transer

5:Table5:ListofIndicatorsforKnowledgeTransfer

Knowledge Transfer

2008-09 2009-10Indicator Number in 2008-09 Target in 2009-10

SpeechesandPresentations 69

SchoolsVisited 172

Hit-RateoftheDepartmentsWebsite 50,987,246

ExternalTeachingAssignments 1

InternsandSolicitorTrainees 22

AccreditedCPDCourses 3

2008-09

69

2008-09

172

In order to disseminate the message of IPR protection to the

wider public and promote respect for the rights of others, the

Department has delivered 69 public speeches and presentations

during 2008-09. Since the Department has targeted to outreach

to more teenagers, 172 schools have been visited in 2008-09

where talks and presentations through drama to pupils were

conducted.

The Department understands that all documented procedures

should be made available to the public to enhance

understanding of application and examination procedures. As

such, the Trade Marks Registry Work Manual is now uploaded


28/47

26


2008-09

50,987,246

2008-09

2008-0922

2008-09

3

onto the Internet ,

while applicat ion

g u i d e l i n e s f o r

designs, standardpatent and short-

t e rm pa t en t s a r e

also available on

the website of the

D e p a r t m e n t . I n

2008-09, the hit-rate

of the website of the

Department reached

50,987,246.

Some col leaguesin the Department

serve as associate

professors in various local and overseas academic institutes

on an unpaid and voluntary basis. Through the external

teaching assignments, law students are able to have a better

understanding on the latest developments in the IP eld, with

an ultimate goal of attracting more young lawyers to join the IP

eld. There was one external teaching assignment provided by

staff of the Department in 2008-09.

To allow solicitor trainees and law students to gain rst-handexperience in practising in the IP eld, the Department received

22 interns and trainees during 2008-09. It is hoped that

through this structured attachment to the Department, interns

and trainees could develop interest and passion in the IP eld.

In addition to local universities, there are considerable numbers

of interns from overseas / Mainland universities who come

on attachment to the Department, namely Australia, Mainland

China, the United Kingdom and the United States. Receiving

overseas interns not only benefits students, but also helps

develop the professional image of Hong Kong in the IP legalprofession. Interns on attachment completed also valuable

research assignments. The relational capital between the

Department and this international network of ex-interns is also

another important capital element.

The Department organises a number of seminars which are

recognised under the Continuing Professional Development

(CPD) Scheme of the Law Society of Hong Kong. In 2008-09,

there were three seminars accreditated by the Law Society of

Hong Kong.

7:Photo 7: Interactive Drama Programme on Anti-Internet Piracy


29/47

27


Protecting Privileged Knowledge andDisclosing Inormation o Public Interest

As an open and transparent Government, it is important todisclose information that is of interests to the public. We

also acknowledge the aspirations of the Creative Commons

movement. On the other hand, it is crucial to protect sensitive

information and knowledge for the public interests. What is

sensitive in one context could be of public interest in another;

hence the Department should pay due care while setting a

policy on public access to information.

Knowledge Transfer

Levels of Sharability Example(s)

Transferable OnlineDatabaseofTradeMarkRegistry

AcknowledgementRequired PromotionalMaterials

PermissionRequired,NoFeeApplied TradeMarkWorkManual

PermissionRequiredwithaFeeApplied TradeMarkSystemSoftware

NotTransferable ContactListoftheDepartment

6:Table 6: Levels o Sharability o Inormation and Knowledge

()

(

)

(

)

(

)

Some information and knowledge can be accessed by the public

without any conditions, for instance the online database of the

Trade Marks Registry; while others require acknowledgements

when knowledge and information is transferred out of the

Department, such as the re-distribution of the Departments

promotional materials. Permission is required to transfer out

some information and knowledge, such as re-distribution of the

Trade Marks Registry Work Manual; while a fee is applied on

top of a permission for other information and knowledge, for

example commercial use of the Trade Mark System Software.

Finally, there are information and knowledge that can never

be shared with third part ies, such as contact lists of the

Department and private personal data.

Appendix II enlists the databases, electronic and paper

records and IP rights of the Department, and also indicate

the sharability of each document. Appendix III lists out

the documents which safeguard good governance of theDepartment.


30/47

28


Risk Analysis and Risk Mitigation

2000

2000

As with all organisations, the Department faces risks and

challenges every day. The risks associated with intellectual

capital pose unique challenges to organisations, as intellectual

capital is intangible in nature and is difficult to protect by

phys ical means. Consequent ly, dedica ted management

procedures have to be taken to minimise these risks. Risks

can rarely be eliminated, but can often be mitigated. The

Department constantly assesses its risk factors, and introduces

mitigation strategies to minimise them.

Risks Associated with the Intellectual Capital

Following a review of the intellectual capital elements and their

weightings proposed by staff members, various major risks

associated with each intellectual capital element are discussed

below.

Human Capital is the most dynamic intellectual capital of the

Department. The major challenge the Department facing is the

potential loss of essential staff members.

Given generally stable employment conditions of service of

civil servants who joined the Service before 2000, the turn-over

rate of the Department is relatively low when compared with

the private sector. With the introduction of the Civil Service

Reform in 2000, new recruits to the Civil Service are appointed

initially on probationary and agreement terms for up to seven

years before being considered for non-pensionable permanent

terms.

Such a reform has increased the mobility of the Civil Service.

For this reason, the turn-over rate of new recruits is higher, andcomparable to the private sector. The current staff retention

strategies might not be sufcient to retain key staff members,

and hence important knowledge workers might be lost.

Under the Structural Capital, the electronic work platform is

valued among rights applicants. Many of them submit their

applications through the electronic work platform. Registered

rights-owners can manage and renew their registrations

electronically. Internally, all applications are now handled

through an electronic work-flow system. The automated

system has greatly improved the efciency and hence servicedelivery to all the applicants.


31/47

29


These electronic systems provide unparalleled level of

convenience to all service users; but at the same time, they pose

a risk to the Department and the service users. Any disruptions

of the Internet connection or breakdown of the system wouldparalyse the operation of the Department.

Internet security is another major threat to the Structural

Capital of the Department. When information is processed

through the electronic work platform, they are vulnerable to

Internet security threats. This is of particularly concern to

all the intellectual property rights owners, where novelty and

uniqueness count towards the validity of patents or registered

designs.

Trust is the cornerstone of the Relational Capital, where everyrelationship requires trust to flourish. Trust is built through

years of endeavour, but could be destroyed overnight.

Any breach of trust is hence a major risk of the Department.

A breach caused by data leakage, corruption or poor customer

relations could have a serious impact on public condence over

the public deliverables of the Department.

Steps towards Risk Mitigation

Upon the implementation of the Civil Service Reform, it isanticipated that the turn-over rate of the new recruits will be

similar to the private sector. This is particularly prominent

to the Legal Ofcer Grade, where the private sector has been

competing with the public sector for talent with attractive

remuneration packages.

To retain talent, the Department is working to create a

supportive and facilitative working environment to all staff

members. Options of Working Hours, Flexible Time and

other staff management measures are in place to offer a more

flexible working time pattern especially having regard toworking men and women with young families or dependants.

Different communication channels are now available to

facilitate communication between senior ofcers and other staff

members.

The Department also organises various staff recognition

awards, such as Most Devoted Staff and Most Popular Staff.

Various interest groups and staff leisure activities are organised

to build a sense of belonging to the Department amongst staff.

Notwiths tand ing these staff management measures , theDepartment runs comprehensive and well-maintained

knowledge repositories. However, these knowledge


32/47

30


(

)12

(CMML-5)

repositories are not integrated or consistent. The Department

recognises a gap that needs to be addressed in revamping

these knowledge repositories into a modern and user-friendly

knowledge management system for internal and partial externaluse. By transferring Human Capital to Structural Capital,

important knowledge and know-how can be documented in the

knowledge management system, and hence maintained within

the Department.

To prepare for any potential disruption of services to the

electronic service platform, the Department has formulated

Contingency Arrangements in the Event of Emergency

Situations to offer guidelines and directions if the worst

happens. Under the Arrangements, the operations of the

Department will immediately be moved to another physicallocation, where core functions of the Department can be

maintained. It is anticipated that even in the event of serious

disruption such as closure of the building due to fire, core

services could be resumed at a fall-back location within 12

hours.

The contractor of the Departments electronic service platform

conforms to the strictest standards of the Level Five of

the Capability Maturity Model (CMM Level 5), where the

capability of process management in software development is

ensured. Together with the Office of the Government ChiefInformation Ofcer, the Department has also documented and

implemented the highest standard of Internet security measures

against internal and external threats.

Only impartiality and neutrality could provide confidence to

all the rights owners and service users of the Department, and

hence build a trusting relationship with them. The Department

has documented and implemented an array of internal measures

to ensure the impartiality and neutrality, such as guidelines in

Conict of Interest, Reporting of attempted bribes, Reporting

of criminal offences, Allegations of corruption against civilservants. These guidelines are re-circulated twice a year to

reinforce the implementation.

The Department conducts surveys to monitor the general

perception of the Department, as well as maintaining regular

contact with various users and stakeholders, to collect publics

opinions of the Department and seek continuous improvement.


33/47

31


1.

2.

3.

The Way Forward

Preparation of this Statement has offered an opportunity to

collect views and comments from various stakeholders and has

allowed the Department to stock-take the knowledge that it

controls.

In terms of stakeholder values, it is striking that stakeholder

interviews did not elicit a strong value attached to trust. In

our view, trust (absence of corruption, impartiality, fairness,

security and condentially) should be regarded as a key value

in the operation of a department responsible for deciding upon

the valuable legal rights of stakeholders and handling matterswith great potential commercial value. On the other hand,

professional competence, judgment and efciency were values

readily identied by stakeholders.

In taking forward our strategy for the future, we shall continue

to act on the basis that trust is a factor of major importance to

stakeholders, notwithstanding that those interviewed might

have taken for granted that the Hong Kong SAR Government

should subscribe to those values.

To address the stakeholders values in regard to IPDsintellectual capital, the Department has identied the following

priorities for improvement:

1. Develop a long-term staff development programme;

2. Renew the electronic service platform and service delivery

to address the changing needs of service users; and

3. Strengthen support to local enterprises, particularly in the

area of non-legal advisory service and raising awareness of

how to use the IP system effectively.

We believe that this first attempt at an Intellectual Capital

Report will help our external stakeholders to appreciate what a

large component of the output of government departments like

the Department lies in elements that cannot readily be seen.

At the same time, it should serve as a timely reminder to our

internal stakeholders that the same invisible elements in our

services play a vital role in stakeholder perceptions, and that

we should redouble our efforts to maintain them and improve

on them.


34/47

32


2008420093

%

( )

2008-09

20093

%

%

%

20093

20093


35/47

33


% 2008

% 2008

% 2008

% 2008

% 2008

% 2008

% 2008

2008420093


36/47

34


Appendix I - List of Indicators for the Period between Apr 2008 to Mar 2009

Human Capital

Professional Knowledge

Law-related Degree Holders % Percentage o sta having proessional qualications in IP and its relatedlaw in the total strength (including Non-Civil Service Contract Sta butexcluding interns and contractors sta)

Average Years o Service Years The average number o years o service in respective grades (includingLegal Ocer and IP Examiner Grades only)

Personal Competence

Incident Related to Personal Number Number o Incidents Related to Personal IntegrityIntegrity

Attending Chinese / English Number Number o attendance in Chinese and/or English-improvement coursesCourses provided by the Department and/or CSTDI (both oral and writing courses)

Self-Improvement

Job Rotation / Secondment Number Number o colleagues under secondment to other organisations /departments / bureaux or internal job rotation within the Department

Learning Foreign Languages Number Number o attendance in language courses other than Chinese andEnglish sponsored by the Department (payment claimed in 2008-09)

Spending on Training per Head $ Average amount spent on training per colleague

Sponsored Local Training Number Number o colleagues received sponsored local trainings (regardless onumber o times)

Sponsored Overseas Training Number Number o colleagues received sponsored overseas trainings (regardless onumber o times)

Structural Capital

Documented Procedures

Number o Documented Number Number o manuals in relation to procedures maintained by the DepartmentProcedures

Circular and Memo in Eect Number Number o circulars and memoranda in eect in the Department as oMarch 2009

Unauthorised Sotware Installed Number Number o reported incidents o unauthorised computer sotwareprogrammes installed in the personal computers o the Department

Designs of IT Infrastructure

Trademark Applications % Percentage o Trademark Applications Filed through the e-ling andFiled Electronically Interactive Service System

Patent Applications % Percentage o Standard Patent Applications Filed through the e-lingFiled Electronically and Interactive Service System

Design Applications % Percentage o Design Applications Filed through the e-Filing and InteractiveField Electronically Service System

Number o e-Filers Registered Number Number o e-Filers Registered with the Department as o 31 March 2009

Knowledge Repositories

Items in Library Number Number o books, publications, online materials and journals as o 31March 2009

IP Promotion Resources

Number o New APIs Produced Number Number o Announcements o Public Interests (API) Videos Produced

Hit-Rate o Online IP Number Number o Hit-rate o the Online IP Education MaterialsEducation Materials

Staff Development Programme

Sta Training Manual Number Number o Sta Training Manuals or New Recruits Maintained by theDepartment


37/47

35


Relational Capital

Public Relations

Awareness o IPD and its % Percentage o respondents aware o IPD and its unctions in the Survey onFunctions in General Public Public awareness o Intellectual Property Right Protection 2008

Awareness o IPD and its % Percentage o respondents aware o the duties o IPD in theFunctions in Business Sector Survey on Business Attitudes to Intellectual Property 2008

Image / Reputation

Satisaction Rate with Online % Percentage o respondents gave satisactory and excellent rating in theSearch System User Satisaction Survey 2008

Satisaction Rate with e-Filing % Percentage o respondents gave satisactory and excellent rating in theSystem User Satisaction Survey 2008

Eective P&E Activities % Percentage o respondents considered P&E activities organised by IPD aseective as in the Survey on Public awareness o Intellectual Property

Right Protection 2008

Awareness o No Fakes Pledge % Percentage o respondents aware o No Fakes Pledge Scheme in theBrand Survey on Public awareness o Intellectual Property Right Protection 2008

Promotions o IPD recalled by % Percentage o respondents recalled the promotion o IPD in the Survey onthe Public Public awareness o Intellectual Property Right Protection 2008

Relation with External Stakeholders

Collaborations with B/D Number Number o collaborations (activities, projects, etc.) with other governmentdepartments and bureaux

Collaborations with External Number Number o visits, seminars, conerences and workshops organised withStakeholders external stakeholders (excluding government department and bureaux)

Relations with Internal Stakeholders

Number o Participants in Number Number o participants in voluntary events or colleaguesVoluntary Events

Relations with Mainland Government, Overseas Governments and International Organisations

Collaborations with the Mainland Number Number o collaborations (activities, projects, etc.) with counterparts in theMainland

Meeting with Foreign Number Number o meetings with oreign government representatives, delegationsGovernments and consulates

Collaborations with IP Oces Number Number o collaborations (activities, projects, etc.) with overseas IP oces

Knowledge Transfer

Speeches and Presentations Number Number o speeches and presentations given by colleagues to the public

School Visited Number Number o Schools Visited

Hit-rate o the Department Number Number o hit-rate recorded or the website o the DepartmentWebsite

External Teaching Assignments Number Number o teaching assignments delivered by colleagues to academicinstitutes

Interns and Solicitor Trainees Number Number o interns and trainees received by the Department

Accredited CPD Courses Number Number o courses under the Continuing Proessional Development (CPD)Scheme o the Law Society o Hong Kong

Appendix I - List of Indicators for the Period between Apr 2008 to Mar 2009 (Contd)


38/47

36


1 2 3 4 5

P

P

P

P

P

P

P

P

P

P

P

1

2

3

4

5

6

7

8

9

10

11

Lexus-Nexis

1 -

2 -

3 -

4 -

5 -


39/47

37


12

13

14

15

16

17

18

19

20

21

1 2 3 4 5

P

P

P

P

P

P

P

P

P

P

1 -

2 -

3 -

4 -

5 -


40/47

38


Sharability

1 2 3 4 5

P

P

P

P

P

P

P

P

P

P

P

No Name

1 Online Database

`2 IPD Paper File

System

3 IPD Library

4 Electronic reerence

subscriptions

5 Sta records

6 Trade Marks

Registry Work

Manual

7 Training summary

on patent

examination

8 Training summary

on design

examination

9 Public Education

Materials

10 Public and Business

Surveys on IP

Awareness and

Attitudes

11 Civil Service

Regulations

Explanation

Online Database o Trade

Marks, Patents, Registered

Designs Registries

Traditional Government ling

system recording a wide range

o decision making processes

and policy ormulation.

Physical library o books

and magazines related tointellectual property.

Subscriptions to digital Lexus-

Nexis Database o legal

materials.

Sta assessments and HRM

resources.

Manual o trademark search

and examination practices and

procedures.

Guideline o Patent ormality

examination practices and

procedures.

Guideline o Design ormality

examination practices and

procedures.

Explanatory materials

published on the Internet

or in paper orm explaining

intellectual property laws and

procedures to the public.

Independently-commissioned

telephone/mailed surveys,

together with analysis and

explanatory inormation.

Centralized regulations on

the management o the civil

service. Promotes transparent

and air sta management.

Documentation

Searchable electronic

databases

Paper les lacking internal index

or global index. Subject to

security classications.

Computer Indexed by title/

author.

Internet platorm.

Paper/electronic personnel les.

Electronic manual, up-dated as

and when necessary, available

to all sta.

Paper guideline available to

Patent Registry Sta.

Paper guideline available to

Design Registry Sta.

Internet websites, paper

publications. English, Chinese,

some in Japanese and Korean.

Published in English and

Chinese.

Available to all IPD sta on the

Intranet.

Appendix II A List of Databases, Electronic and Paper Records and IP Rights of the

Department

Key: 1 - Transerable

2 - Acknowledgement required

3 - Permission required, no ee applied

4 - Permission required with a ee applied

5 - Not transerable

Note: Reproduction / distribution o these materials may be subject to dierent restrictions.


41/47

39


No Name

12 Financial andAccountingRegulations

13 Stores andProcurementRegulations

14 ElectronicTrademarks,Designs andPatents RegistrationSystems

15 Registrability /Opposition HearingDecisions

16 ExaminersDecisions

17 Intranet

18 KnowledgeManagementDatabases

19 Client Databases

20 IP Rights in sotwareand copyright works

21 Service Contractwith OutsourcingContractor

Explanation

Centralized regulationson the management opublic nances. Promotestransparent accounting andsecure management o publicmoneys.

Centralized regulations onprocurement o goods andservices and managemento government stores.Promotes transparent and airprocurement.

Interactive platorm supportingall registry activities relating toregistration o IP rights.

Written decisions o trademarkregistrability or oppositioncases.

Copies o correspondencerelating to examinersdecisions on individual cases.

Platorm or internalcorrespondence.

Collections o educationalmaterials, public speeches,legal research documentationand legal advice.

Databases o clients orparticipants in certain activities

such as No Fakes PledgeScheme, I Pledge Campaign,customer relations databases,SME lists.

Rights in sotware andcopyright works created byIPD on under contract onIPDs behal.

Contract or providing non-core services and IT servicesto IPD.

Documentation

Available to all IPD sta on theIntranet.

Available to all IPD sta on theIntranet.

Three independent sotwaresystems, with commonelectronic service eatures tosupport e-ling and electronicpublication o Hong KongIntellectual Property Journal.

Registrability hearing decisionsor applications which ailto meet the registrationrequirements o the Trade MarksOrdinance and oppositionhearing decisions are available

on the Internet.

Searchable electroniccorrespondence available aslegal reerence or examiners.

Partially searchable with archive.

Available to certain sta workingin particular areas.

Searchable electronicdatabases.

Rights to sotware systems orthe IP registries and rights in IPpromotional materials.

Provides or monitoring oprovision o service by theoutsourcing contractor andparties rights/obligations.

Sharability

1 2 3 4 5

P

P

P

P

P

P

P

P

P

P

Appendix II A List of Databases, Electronic and Paper Records and IP Rights of the

Department (Contd)





5 - Not transerable



42/47

40


1

2

3

4

5

6

7 8

8 2 00 912

9

10

(USB)

,

1 2 3 4 5

P

P

P

P

P

P

P

P

P

P

1 -

2 -

3 -

4 -

5 -


43/47

41


11

12 ()

13

14

15

16

17

18

19

20

1 2 3 4 5

P

P

P

P

P

P

P

P

P

P

1 -

2 - 3 -

4 -

5 -


44/47

42


No

Name

1 Contingency Arrangementsin the Event o Emergency

Situations

2 Guidelines on Handling o

Personal Data in Trade Mark,

Patent, Registered Design

and Copyright Licensing

Body Records and other

areas o IPD's business

3 Use o Unauthorized

Computer Sotware in

Government Liability to

Disciplinary Action

4 Guidelines on Providing

Assistance to Ocers in

case o Need or Emergency

Medical Treatment during

Duty Visits or Training in

Mainland China

5 Taking Classied or Sensitive

Documents out o the Oce

6 Reerence Guidelines on

Evacuation in Emergency

Situations

7 Arrangements on the

Hoisting and Lowering o

Tropical Cyclone Warning

Signal No. 8 or higher and

Rainstorm Warnings

8 Code o Conduct &Discipline (Revised in

December 2009)

9 Inormation Technology

Security Policy, User

Guidelines

10 Data Protection Against

Risks o Using Peer-to-Peer

Sotware

Explanation

Procedures to ensure

continuity o service ollowing

physical disruption to IPDs

premises.


compliance with Personal Data

(Privacy) Ordinance.

Procedures aimed at ensuring

compliance with copyright

protection o computer

sotware.

To provide additional security

or IPD sta involved with

activities on the Mainland.

Procedures to maintain

security o data removed rom

the oce (USB Drives etc.)

Emergency evacuation

procedure to ensure saety o

sta, clients and visitors.

Procedures to ensure orderly

arrival/departure o sta

and manning o IPD during

typhoon/rainstorms.

Sets out integrity standards orsta o IPD.

Procedures to maintain a high

level o digital data security.

Procedures to maintain a high

level o digital data security.

Documentation

IPD General Circular.

Overseen by Departmental

Secretary as security

ocer.


IPD General Circular

overseen by IP Compliance

Ocer.




supported by regular drills.


supported by division/team

managers.

IPD General Circularsupported by departmental

integrity ocer.


supported by departmental

security ocer.


supported by departmental

security ocer.

Sharability

1 2 3 4 5

P

P

P

P

P

P

P

P

P

P

Appendix III - Structural Capital which Safeguards Good Governance





5 - Not transerable



45/47

43


No

Name

11 Procedure or backup oe-mail

12 Personal Data (Privacy)

Ordinance Guidelines or

users o Employment-

Related Personal Data in the

Civil Service

13 Confict o interest

14 Reporting o attempted

bribes

15 Reporting o criminal oences

16 Allegations o corruption

against civil servants

17 Departmental Consultative

Committee

18 Sta recognition schemes

19 Sta motivation schemes

20 Outsourcing contract

management meeting

Explanation

Procedures to maintain data

integrity.


compliance with Personal Data

(Privacy) Ordinance.

Procedures to prevent conficts

o interest and declarations o

interest by senior sta.

Procedures or prevention/

reporting o bribery.

Procedures or reporting

suspected criminal oences.

Procedures or prevention/

reporting o bribery.

Provides a orum or

discussions o sta welare

and labour issues between all

sta grades and management.

Awards to sta or Most

Devoted Sta, Most Popular

Sta, long and meritorious

service.

Sta outings. Annual staretreats.

Oversees perormance

o the contractor and

discusses issues relating to IT

development in IPD.

Documentation


Government Circular.

General Government

Circular supported by

departmental integrityocer.

General Government


departmental integrity

ocer.

General Government

Circular.

General Government


departmental integrityocer.

Quarterly meeting attended

by representative o CSB.

Managed by Departmental

Administration Unit.

Recreational outings to

increase sta solidarity.Annual retreat or team-

building and training.

Supported by detailed

documentation on

perormance according

to the KPIs set out in the

contract.

Sharability

1 2 3 4 5

P

P

P

P

P

P

P

P

P

P

Appendix III - Structural Capital which Safeguards Good Governance (Contd)




4 - Permission required with a ee applied5 - Not transerable



46/47

44


Appendix IV - Anchor Persons System

Anchor Persons System

Articleship & Secondee Co-ordinator

Chair/Member o Library Committee

Sta Complaints Ocer

Copyright Administrator

Gender Focal Point

Integrity Ocer

Internship Co-ordinator

IP Compliance Ocer

Legal Secretariat to Copyright Tribunal

Personal Data (Privacy) Anchor Person

Personal Data (Privacy) Ocer

Speaking Invitation Co-ordinator

Structured Training Subject Supervisor or Interns

Structured Training Subject Supervisor or Secondees

Structured Training Subject Supervisor or Trainee

Solicitors and Legal Ocer New Recruits

Web Master


47/47


Abbreviations

APEC 8 Asia-Pacic Economic Cooperation

B/D 8 Bureaux / Departments o the Government

CEDB 8 Commerce and Economic Development Bureau

CSB 8 Civil Service Bureau

CSTDI 8 Civil Service Training and Development Institute

KPI 8 Key Perormance Indicator

HC 8 Human Capital

IC 8 Intellectual Capital

ICM 8 Intellectual Capital Management

IP 8 Intellectual Property

IPD 8 Intellectual Property Department

IPR 8 Intellectual Property Rights

P&E 8 Publicity and Education

RC 8 Relational Capital

SAR 8 Special Administrative Region

SC 8 Structural Capital

SMEs 8 Small and Medium Enterprises

WIPO 8 World Intellectual Property Organisation

WTO 8 World Trade Organisation

Date post:	14-Apr-2018
Category:	Documents
Upload:	sara-lee
View:	217 times
Download:	0 times