Privacy – individual applicants, inventors, and designers
1 PURPOSE OF HOLDING DATA
We hold information on:-
• our present and past clients (individual and corporate);
• individuals currently or previously related to our clients (e.g. intellectual property creators such as inventors, designers having by employment or agreement transferred rights to our clients);
• individuals with whom our clients are seeking a relationship, or who are seeking a relationship with our clients; and
• individuals in dispute or potential dispute with our clients
for the purpose of advising our clients on, obtaining, enforcing, and transacting in, intellectual property rights.
2 BASIS FOR HOLDING DATA
In most countries intellectual property rights originate with the creator (e.g. inventor or designer) and for registered rights it is normally necessary to provide such information to statutory authorities. All EU countries require identification of the inventor for patents, and many require identification of the creator for designs. In some countries (but not all) individual inventors for patent applications have the right not to be named, but the default position is normally that inventors are named.
For unregistered rights there is no statutory requirement for the creator to be named for the right to come into existence, but in enforcement or transactions, details of the creator is normally required.
The identity of the creator is frequently a necessary consideration when advising on the validity of our client’s or third party’s intellectual property rights.
Where our client is in dispute with a third party, or where we are assessing third party rights, we may need information concerning that party or individuals related to that party.
If we did not hold such personal information the impact would be that we may be impeded in obtaining, enforcing, provide meaningful advice about, and defending against intellectual property rights.
The extent and nature of the data held by us (much of which is, or becomes, of public record), and the narrow use of such data by us, is such that we are confident that the individual’s interests in such data do not outweigh the legitimate interests of our clients.
Our client’s legitimate commercial and legal interests in obtaining, enforcing, and defending against intellectual property rights would be prejudiced if we did not hold such information, and could be prejudiced if we sought consent for holding such information.
Where a client is an individual we need sufficient information to contact and conduct business with that individual.
3 USE OF PERSONAL DATA
Data is used solely in relation to intellectual property matters. We do not use personal data for communication except when necessary. We do not use personal data to market to individuals other than our clients.
4 SOURCES OF PERSONAL DATA
Personal data is supplied to us either:-
• by the person concerned; or
• by or on behalf of our clients; or
• from public sources.
We do not collect personal data from visitors to our website unless they consent to our privacy and data policy.
5 NATURE OF DATA HELD
The nature of the personal information we hold for individuals may include such matters as: name, former names; address, former addresses; telephone numbers, former telephone numbers; email addresses, former email addresses; nationality,; employment status, former employment status; details as to intellectual property for which the individual is or claims to be a creator or claims some other rights thereunder; personal information concerning assignments, agreements, and disputes relating to intellectual property, and any other personal data an individual chooses to provide us.
Except where specifically requested we do not hold dates of birth or bank account details for individual clients or creators.
6 RECIPIENTS OF DATA
We transfer personal information relating to intellectual property rights to legal and administrative authorities, and local representatives, in any country where such rights exist or are applied for, and this includes transfer of data to the World Intellectual Property Organisation, within the European Economic Area, and elsewhere.
We do not provide personal information to parties other than statutory bodies except where associated with the filing, prosecution, maintenance, enforcement, or transactions in intellectual property rights; or where statutory requirements (e.g. money laundering regulations or legal requirement) provide authority to do so; or when authorised by the individual concerned.
7 RETENTION PERIOD OF PERSONAL DATA
Where intellectual property rights are published, the name and in some cases address(es) of individuals named as applicants, inventors, or designers will be a matter of public record and may be publicly available indefinitely.
We hold personal information either:-
• until removed following a request by the individual concerned; or
• until our paper record is destroyed if we hold no electronic record; or
• indefinitely for historical research purposes so long as we retain a paper or electronic record.
Bank account details are held for the minimum time necessary to permit any associated transactions to be conducted, except where we are asked to hold details for longer.
8 YOUR RIGHTS IN THE INFORMATION
Individuals for whom we hold personal information have:-
• the right to be informed of the personal information we hold and the recipients of that personal information;
• the right to withdraw consent to our holding the personal information;
• the right to complain to the Information Commissioner’s Office https://ico.org.uk/
There are circumstances in which we may refuse to provide information and may refuse to remove personal information, and if this is the case we will provide reasons. In particular, we may refuse to remove personal information if it is relevant to intellectual property rights in force, or within a relevant statute of limitations for enforcement.
Any enquiry related to personal information should be directed to firstname.lastname@example.org.