Introduction
Hong Kong Brand i-Directory (Brand HKiD) is a registration system for Hong Kong original brands, which consists of an accreditation mechanism to verify the eligibility for "Hong Kong Brand" identity and an online centralised database containing information of such accredited brands. Brands that have met the "Hong Kong Brand Identification Criteria" and passed the required assessment conducted by the Hong Kong Brand Development Council will be eligible for registering with the Hong Kong Brand i-Directory and being listed on the dedicated website and other information facilities for public access.
Through setting up an identification benchmark to verify the authenticity of brand's "domicile of origin" and establishing a registration mechanism together with a publishing platform thereof, Hong Kong Brand i-Directory provides authoritative third-party proof of identity for Hong Kong original brands. A brand eligible for registration with Hong Kong Brand i-Directory is deemed to have met the definition of and satisfied the criteria on "Hong Kong Brand" as formulated by the Hong Kong Brand Development Council and, by implication, to possess some special characteristics associated with Hong Kong original brands.
This document encompasses the rights and obligations of both the Organiser and applicants or registrants of the Brand HKiD. The document prevails all other documents in case inconsistency arises.
- Definitions and Abbreviations
For the purpose of the regulations detailed in this document, the following definitions and abbreviations shall apply:
Brand HKiD
Hong Kong Brand i-Directory registration system and the information facilities for notification and publication thereof, as administered by the Hong Kong Brand Development Council
Hong Kong Brand Development Council
Hong Kong Brand Development Council Company Ltd.
The Organiser
Hong Kong Brand Development Council
Applicant Brand
Brand applying for registration or renewal of registration with the Hong Kong Brand i-Directory
Applicant
An organisation that holds an applicant brand and pursues the registration with Brand HKiD
Assessment
A due process performed by the Organiser or its designated representatives to verify the capability of applicant or registrant to meet the requirements and regulations required by the Organiser
Further Assessment
Assessment is usually based on document review and verification. When deemed necessary, the Organiser may conduct "Further Assessment", such as requesting the applicant to produce true copies of supporting materials, verifying with relevant orgransations, interviewing the management, or perform on-site assessment at the major manufacturing sites or operating locations of the applicant
Steering Committee
The supporting structure for Brand HKiD, which may be taken up by the Technical Advisory Committee, Hong Kong Top Brand Assessment Board and/or other sub-committees as appointed by the Hong Kong Brand Development Council
Registration Requirements
Documented requirements on "Hong Kong Brand" identity and the eligibility of registration with Hong Kong Brand i-Directory, including but not limited to "Hong Kong Brand Identification Criteria", "Terms and Conditions of Registration with Hong Kong Brand i-Directory", and "Suggested Use of Hong Kong Brand i-Directory in Literature", as established by the Organiser
Registered Brand
Brand that has passed the assessment and is confirmed by the Organiser to have met the identification criteria on "Hong Kong Brand" and be eligible for registration with Hong Kong Brand i-Directory
Registrant
An organisation recognised by the Organiser, which holds a Registered Brand and agrees to protect the interests of the Organiser by following the regulations stipulated in this document
Scope of Registration
The encompassment of the registration, which covers the name of a registered brand and its registered stream, name of registrant, as well as registration type, restriction and remarks. A brand could be registered in either or both (Dual Registration) of the product brand stream and service brand stream; and types of registration may consist of "Full Registration" and "Conditional Registration"
- Authority and Administration of "Brand HKiD"
- The Organiser shall ensure impartiality of the Hong Kong Brand i-Directory at all times.
- The Organiser shall have the duty and the right to interpret the details in this document and publish documents, as deemed necessary, to allow applicants and registrants to understand the intent and actual requirements of this document.
- The Organiser is the authority to grant, maintain, supervise, renew, suspend or terminate any registration and to administrate any other matters related to the Hong Kong Brand i-Directory.
- The Organiser is advised by the Steering Committee regarding the suitability and adequacy of the registration requirements, the assessment protocol and other matters related to the operation and administration of Hong Kong Brand i-Directory.
- The Organiser publishes information as necessary in order to inform and update applicants and registrants of the identification criteria on "Hong Kong Brand" , and requirements and regulations for applying and maintaining the registration with Hong Kong Brand i-Directory.
- The Organiser processes application for registration and renewal according to the application procedure as defined in Appendix. The Organiser verifies the "Hong Kong Brand" identity of the applicant brand and decides on its eligibility and scope of registration in regard to Hong Kong Brand i-Directory.
- The Organiser reviews and verifies the documents submitted by the applicant prior to the granting of eligibility of registration. It may conduct "Further Assessment" when deemed necessary.
- The Organiser keeps all information provided by an organisation in relation to an application for the Brand HKiD and all information obtained during an assessment in strict confidence. Under this provision, only those personnel who require the information for the processing of application and renewal of registration shall have access to such information. Such personnel include the Organiser, its sub-committees and designated organisations or persons, assessment team, and administrative and supporting staff involved in Brand HKiD. Personal data collected for processing application and assessments shall be used for such purpose and other lawful purposes and be kept strictly confidential.
- The Organiser, when it deems appropriate, may disclose and publicise the information related to the registration and eligibility of Brand HKiD in the media and through other channels, including but not limited to displaying the basic information of registered brands and registrants on the dedicated websites, notifying and publication systems and other information facilities that are open to the public.
- The Organiser will investigate any complaint made to the Organiser by a third party against a registrant regarding activities in related to the scope of registration.
- The Organiser and its designated organisations or persons shall not be liable to any loss or damage to applicants, registrants and other parties in connection with the Brand HKiD.
- The applicant or registrant shall indemnify the Organiser and its designated organisations or persons against all liabilities, losses or damages that may be incurred in connection with their application, registration, publication and other matters related to Brand HKiD.
- All decision made by the Organiser will be final and binding in all matters relating to the Brand HKiD.
- The Organiser shall have the right to amend the contents of this document, registration requirements and other regulations and arrangements related to the Brand HKiD from time to time as needed without prior notice to applicants and registrants.
- The Obligations of An Applicant and Registrant
- Applicants and registrants shall be committed to following the regulations stipulated in this document and other published requirements related to the Brand HKiD at all times.
- Applicants and registrants shall cooperate with the Organiser by providing correct, true and complete information to the best of their knowledge and belief. Registration granted based on false or misleading information shall be void, and the Organiser reserves the right to take further action against any person who knowingly furnishes such information.
- An applicant and registrant shall appoint an authorised representative as a contact with the Organiser and inform the Organiser whenever there is a change to the appointment.
- Registrants shall endeavour to ensure that Brand HKiD is used and quoted in accordance the requirements set out by the Organiser, including but not limited to "Guideline on the Use of Brand HKiD in Literature".
- Registrants shall inform the Organiser in writing on the following changes in relation to the registration within one month from the effective date.
I. Major change of the legal and other documentary proof in connection with application and registration;
II. Major change in the modal operandi, operational arrangement, product category or service scope of the registered brand;
III. Changes in the design and specifications of trademark;
IV. Change of the operating location(s) and company address; and
V. Change of brand ownership, corporate ownership, governance structure, personnel arrangement or other matters that affect the registration and the eligibility of the registrant. - Registrants shall ensure the Organiser's reputation and interests will not be jeopardized under any circumstances.
- Renewal, Change and Termination
- The Organiser, when it deems necessary, may set a validity period for the registration and set out renewal requirements and procedure to periodically review the eligibility of a registrant and its brand.
- The Organiser may at its discretion suspend or withdraw a registration or adjust the scope of registration under any of the following circumstances:
I. The registrant no longer satisfies the registration requirements due to changes in its ownership, management structure or operation;
II. Acts of the registrant undermine the interests or reputation of the Organiser;
III. The registrant is found to be involved in a complaint, lawsuit or negative event, on the basis of which the Organiser, after conducting an investigation, believes that the registrant no longer satisfies the registration requirements or has caused or may cause negative impacts on the interests or reputation of the Organiser and the Brand HKiD; or
IV. The Organiser by any reason believes that the registrant has failed to or lost the ability to satisfy the registration requirements or it has caused actual or potential negative impacts on the interests or reputation of the Organiser and Brand HKiD. - The suspension, withdrawal or amendment to the scope of registration imposed by the Organiser shall become effective on the date of the written notice issued by the Organiser. The notice shall detail the grounds of such changes of registration.
- Within four weeks from the date of the notice of suspension, the authorised representative of the registrant in question shall provide the Organiser an action plan to rectify and prevent recurrence of any discrepancies raised by the Organiser. Action mentioned in the action plan shall be completed effectively within six months, and suspension can only be lifted after an assessment is conducted and the outcome of assessment is reviewed by the Organiser as adequate.
- In case suspension cannot be lifted within six months, the registration shall be withdrawn and no renewal will be allowed. The organisation has to apply as a new applicant.
- Under the suspension and upon withdrawal, registrant in question shall not use the registration with Brand HKiD for any purpose.
- Registrant intending to withdraw its registration with Brand HKiD shall inform the Organiser by a written notice specifying reasons for withdrawal.
- The Organiser shall not be liable for any loss or damage suffered by registrant arising from whatever causes in connection with the termination, suspension or changes of registration.
- Disputes, Complaints and Appeals
- An applicant or registrant may lodge a complaint or a dispute against any decision made or action taken by the Organiser. A written submission setting out the grounds of such complaint and dispute shall be made to the Organiser within four weeks after such decision or action has been made or taken. In the case of a complaint or dispute, the decision or action itself shall remain in effect unless suspended by the Organiser.
- The Organiser shall investigate and examine such complaints and disputes. The Organiser shall notify the organisation concerned the outcome of such investigation and examination.
- The organisation may lodge an appeal to the Organiser if it considers the outcome of the investigation and examination as specified in clause 5.2 above is not acceptable. A written submission to the Organiser shall be made with grounds of the appeal within four weeks from the date of notification of a decision.
- Upon a request from an organisation for appeal, the Steering Committee shall investigate and review the case. The Committee shall make a decision and inform the organisation the result of the review in writing.