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This publication is available at https://www.gov.uk/government/publications/intellectual-property-office-privacy-notices/privacy-notice-for-personal-data-processed-for-the-administration-of-ip-rights
This privacy notice will help you to understand what personal data the Intellectual Property Office (IPO) collects about you, how the IPO uses this personal data, and what rights you have regarding your personal data.
It is important that you read this notice, together with any other privacy notice that is provided to you on specific occasions when we are collecting or processing your personal data, so that you are aware of how and why we are using it.
This notice applies to individual persons who are external to the IPO. This notice does not form part of any contract. This notice can be updated at any time and we will inform you if this occurs.
Personal data is any information that can be used to identify a living individual, either on its own, or in combination with other pieces of data. Examples of personal data includes your name and address.
Data processing includes the collection, use, and storage of data.
The administration of an intellectual property (IP) right (patent, trade mark, copyright or design) includes application, maintenance, renewal, dispute resolution, enforcement, licensing and other processes related to the granting and protection of that right. It also includes the publication of your personal data in an official register in accordance with the requirements of the relevant Act of Parliament. The official registers are maintained online.
The data controller is the IPO per article 4 of the General Data Protection Regulation (GDPR).
The Data Protection Officer for the IPO can be contacted using the contact details below:
The Data Protection Officer
Business Energy & Industrial Strategy (BEIS)
1 Victoria Street
Phone Number: 020 7215 5000
1. The purpose of processing your data
The IPO processes your personal data for the purposes of administering intellectual property rights, and to perform tasks related to exercising its authority as the UK’s Intellectual Property Office.
2. The lawful basis for processing your data
The IPO processes your personal data for the performance of a task carried out in the public interest or in the exercise of the official authority given to it, per Article 6(1)(e) of the GDPR.
3. Your rights
You have the following rights regarding your personal data:
- you have the right to request access to your data
- you have the right to correct your data if it is incorrect
- you have the right to object to your data being processed
If you wish to exercise your rights please contact the Data Protection Officer
4. If you do not provide your personal data
If you do not provide all of the requested personal data then the IPO may not be able to administer your IP right.
5. Data transfers
Your personal data is shared with other organisations under lawful agreements and to perform tasks relating to the IPO exercising its authority as the UK’s Intellectual Property Office.
We share your personal data with third parties including international and national IP offices; for a full list see data transfer details.
If you have nominated a representative (Patent Attorney) to facilitate the IP services you have requested, your nominated representative will share your personal data with the IPO. The IPO will not inform you of this data sharing, under the provisions of Article 14(5)(a) of the GDPR.
To improve worldwide IP administration we will share your data with the European Patents Office, the International Bureau, and the World Intellectual Property Office.
Your personal data may be used for research or analysis purposes. Your personal data may also be used by our auditors to assess our compliance with standards and regulations.
Some of these organisations could be based outside of the European Union (EU), or could store data outside the EU.
A full list of these organisations, the reasons for sharing your personal data with them, and if they are located outside the EU can be found at data transfer details.
Your personal data is shared using secure transfer methods and will not be transferred to any additional third parties. The IPO has assured the data safeguarding measures of all organisations with which your personal data is shared.
6. How long we keep your personal data
Your personal data will be retained in accordance with the specific requirements of the relevant Act of Parliament pertaining to your IP right.
7. The use of automated decision making
Your personal data is not used in any automated decision making (making a decision solely by automated means without any human involvement) or profiling (automated processing of personal data to evaluate certain conditions about an individual).
8. Change of purpose
We will process your personal data for the purpose for which we collected it. If we process your personal data for another purpose that we reasonably consider to be compatible with the original purpose, we will notify you and explain the legal basis which allows us to do so.
Please note that we might process your personal data without your knowledge or consent, in compliance with the above rules where this is required or permitted by law.
9. Changes to this privacy notice
We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial changes. We will also notify you in other ways from time to time about the processing of your personal data.
10. How to lodge a complaint
If you have a complaint regarding the processing of your personal data then please contact the Data Protection Officer listed above. You also have the right to lodge a complaint with the supervising authority, the Information Commissioner’s Office (ICO), at any time. Should you wish to exercise that right the full details are available at the ICO website.
11. Data transfer details
Under our public authority as the UK’s Intellectual Property Office we will share your personal data with the following recipients:
11.1 Data transfers within the EU
|Providing administration and maintenance of Intellectual Property applications, registers, and tribunals||Address for service
External requestors (where there is a lawful basis for doing so)
European Patent Office
European member state Intellectual Property Offices
Parties to an IP dispute
11.2 Data transfers outside the EU
|Providing administration and maintenance of Intellectual Property applications, registers, and tribunals||World Intellectual Property Office International Bureau (Geneva)
External requestors (where there is a lawful basis for doing so)