GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 7
 client with the screened agent. The firm must take steps to preclude the screened agent from having access to any part of the file. The new firm must document the measures for screening the transferring agent and the time when they were put in place — which should be done as soon as possible — and must advise all affected agents and support staff of the measures taken. These Guidelines apply, with the necessary modifications, to situations in which a non-agent staff member leaves one firm to work for another and a determination is made by the new firm, before hiring that individual, as to whether any conflicts of interest will be created and whether they actually possesses relevant confidential information. How to Determine if a Conflict Exists Before Hiring a Potential Transferee When a firm of agents, or a firm of agents and legal counsel (“new firm”), considers hiring an agent or agent in training (“transferring agent”) from another firm of agents, or another firm of agents and legal counsel, (“former firm”), the transferring agent and the new firm need to determine, before the transfer, whether any conflicts of interest will be created. Conflicts can arise with respect to clients of the firm that the transferring agent is leaving and with respect to clients of a firm in which the transferring agent worked at some earlier time. After completing the interview process and before hiring the transferring agent, the new firm must determine whether any conflicts exist. In determining whether the transferring agent actually possesses relevant confidential information, both the transferring agent and the new firm must be very careful during any interview of a potential transferring agent or during any other recruitment process to ensure that they do not disclose client confidences. See section 10 of Part 2 which provides that an agent may disclose confidential information to the extent the agent reasonably believes necessary to detect and resolve conflicts of interest when agents transfer between firms. An agent’s duty to their firm may also govern the agent’s conduct when exploring an association with another firm and is beyond the scope of this Code. (3) Subject to section 10 of Part 2 and unless the former client consents, (a) a transferring agent referred to in subsection (2) must not participate in any manner in the new firm’s representation of its client in the matter or disclose any confidential information respecting the former client; and (b) members of the new firm must not discuss the new firm’s representation of its client or the former firm’s representation of the former client in that matter with a transferring agent. (4) An agent must exercise due diligence in ensuring that every member and employee of their firm and every other person whose services the agent has retained (a) complies with subsections (1) to (3); and (b) does not disclose confidential information of clients of the firm and of any other firm in which the person has worked.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
COMMENTARY The purpose of this rule is to deal with actual knowledge. Imputed knowledge does not give rise to disqualification. This rule treats as one firm such entities as a corporation with separate regional intellectual property departments and an interprovincial or international firm. The more autonomous each unit or office is, the easier it should be, in the event of a conflict, for the new firm to obtain the former client’s consent or to establish that it is in the public interest that the new firm continue to represent the client in the matter.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
The purpose of this rule is to deal with actual knowledge. Imputed knowledge does not give rise to disqualification.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
This rule treats as one firm such entities as a corporation with separate regional intellectual property departments and an interprovincial or international firm. The more autonomous each unit or office is, the easier it should be, in the event of a conflict, for the new firm to obtain the former client’s consent or to establish that it is in the public interest that the new firm continue to represent the client in the matter.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
It is not possible to offer a set of reasonable measures that will be appropriate or adequate in every case. Instead, the new firm that seeks to implement reasonable measures must exercise professional judgment in determining what steps must be taken in order to ensure that no disclosure will occur to any member of the new firm of the former client’s confidential information. Such measures may include timely and properly constructed confidentiality screens.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
For example, the intellectual property services units of a government, a corporation with separate regional legal departments or an interprovincial or international law firm or agency firm may be able to demonstrate that, because of its institutional structure, reporting relationships and function and the nature of its work and geography, relatively fewer measures are necessary to ensure the non-disclosure of client confidences. If it can be shown that, because of factors such as the foregoing ones, agents in separate units, offices or departments do not work together with other agents in other units, offices or departments, that will be taken into account in the determination of what screening measures are considered to be reasonable.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
The guidelines that follow are intended as a checklist of relevant factors to be considered. Adoption of only some of the guidelines may be adequate in some cases, while adoption of them all may not be sufficient in others.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
Guidelines on How to Screen for Conflicts of Interest and Measures to be Taken The screened agent must have no involvement in the new firm’s representation of its client in the matter. The screened agent must not discuss the current matter or any information relating to the representation of the former client — the two may be identical — with anyone else in the new firm. No member of the new firm should discuss the current matter or the representation of the former client with the screened agent. The firm must take steps to preclude the screened agent from having access to any part of the file. The new firm must document the measures for screening the transferring agent and the time when they were put in place — which should be done as soon as possible — and must advise all affected agents and support staff of the measures taken. These Guidelines apply, with the necessary modifications, to situations in which a non-agent staff member leaves one firm to work for another and a determination is made by the new firm, before hiring that individual, as to whether any conflicts of interest will be created and whether they actually possesses relevant confidential information.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
The screened agent must have no involvement in the new firm’s representation of its client in the matter.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
The screened agent must not discuss the current matter or any information relating to the representation of the former client — the two may be identical — with anyone else in the new firm.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
No member of the new firm should discuss the current matter or the representation of the former client with the screened agent.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
The firm must take steps to preclude the screened agent from having access to any part of the file.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
The new firm must document the measures for screening the transferring agent and the time when they were put in place — which should be done as soon as possible — and must advise all affected agents and support staff of the measures taken.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
These Guidelines apply, with the necessary modifications, to situations in which a non-agent staff member leaves one firm to work for another and a determination is made by the new firm, before hiring that individual, as to whether any conflicts of interest will be created and whether they actually possesses relevant confidential information.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
How to Determine if a Conflict Exists Before Hiring a Potential Transferee When a firm of agents, or a firm of agents and legal counsel (“new firm”), considers hiring an agent or agent in training (“transferring agent”) from another firm of agents, or another firm of agents and legal counsel, (“former firm”), the transferring agent and the new firm need to determine, before the transfer, whether any conflicts of interest will be created. Conflicts can arise with respect to clients of the firm that the transferring agent is leaving and with respect to clients of a firm in which the transferring agent worked at some earlier time. After completing the interview process and before hiring the transferring agent, the new firm must determine whether any conflicts exist. In determining whether the transferring agent actually possesses relevant confidential information, both the transferring agent and the new firm must be very careful during any interview of a potential transferring agent or during any other recruitment process to ensure that they do not disclose client confidences. See section 10 of Part 2 which provides that an agent may disclose confidential information to the extent the agent reasonably believes necessary to detect and resolve conflicts of interest when agents transfer between firms. An agent’s duty to their firm may also govern the agent’s conduct when exploring an association with another firm and is beyond the scope of this Code.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
When a firm of agents, or a firm of agents and legal counsel (“new firm”), considers hiring an agent or agent in training (“transferring agent”) from another firm of agents, or another firm of agents and legal counsel, (“former firm”), the transferring agent and the new firm need to determine, before the transfer, whether any conflicts of interest will be created. Conflicts can arise with respect to clients of the firm that the transferring agent is leaving and with respect to clients of a firm in which the transferring agent worked at some earlier time.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
After completing the interview process and before hiring the transferring agent, the new firm must determine whether any conflicts exist. In determining whether the transferring agent actually possesses relevant confidential information, both the transferring agent and the new firm must be very careful during any interview of a potential transferring agent or during any other recruitment process to ensure that they do not disclose client confidences. See section 10 of Part 2 which provides that an agent may disclose confidential information to the extent the agent reasonably believes necessary to detect and resolve conflicts of interest when agents transfer between firms.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
An agent’s duty to their firm may also govern the agent’s conduct when exploring an association with another firm and is beyond the scope of this Code.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
COMMENTARY Agents and Support Staff Subsection (4) is intended to regulate agents and agents in training who transfer between firms. It also imposes a general duty on agents to exercise due diligence in the supervision of staff in order to ensure that they comply with the rule and with the duty not to disclose confidences of clients of the agents’ firm and confidences of clients of other firms in which the staff member has worked. Certain non-agent staff members in a firm routinely have full access to and work extensively on client files. As such, they may possess confidential information about the client. If these staff members move from one firm to another and the new firm acts for a client opposed in interest to the client on whose files the staff members worked, unless measures are taken to screen the staff members, it is reasonable to conclude that confidential information may be shared. It is the responsibility of the agent and the firm to ensure that staff members — who may have confidential information that, if disclosed, could prejudice the interests of the client of the former firm — have no involvement with and no access to information relating to the relevant client of the new firm.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
Agents and Support Staff Subsection (4) is intended to regulate agents and agents in training who transfer between firms. It also imposes a general duty on agents to exercise due diligence in the supervision of staff in order to ensure that they comply with the rule and with the duty not to disclose confidences of clients of the agents’ firm and confidences of clients of other firms in which the staff member has worked. Certain non-agent staff members in a firm routinely have full access to and work extensively on client files. As such, they may possess confidential information about the client. If these staff members move from one firm to another and the new firm acts for a client opposed in interest to the client on whose files the staff members worked, unless measures are taken to screen the staff members, it is reasonable to conclude that confidential information may be shared. It is the responsibility of the agent and the firm to ensure that staff members — who may have confidential information that, if disclosed, could prejudice the interests of the client of the former firm — have no involvement with and no access to information relating to the relevant client of the new firm.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
Subsection (4) is intended to regulate agents and agents in training who transfer between firms. It also imposes a general duty on agents to exercise due diligence in the supervision of staff in order to ensure that they comply with the rule and with the duty not to disclose confidences of clients of the agents’ firm and confidences of clients of other firms in which the staff member has worked.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
Certain non-agent staff members in a firm routinely have full access to and work extensively on client files. As such, they may possess confidential information about the client. If these staff members move from one firm to another and the new firm acts for a client opposed in interest to the client on whose files the staff members worked, unless measures are taken to screen the staff members, it is reasonable to conclude that confidential information may be shared. It is the responsibility of the agent and the firm to ensure that staff members — who may have confidential information that, if disclosed, could prejudice the interests of the client of the former firm — have no involvement with and no access to information relating to the relevant client of the new firm.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
COMMENTARY The duties imposed by section 7 concerning confidential information must be distinguished from the general ethical duty to hold in strict confidence all information concerning the business and affairs of the client acquired in the course of the professional relationship, which duty applies without regard to the nature or source of the information or to the fact that other persons may share the knowledge.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
The duties imposed by section 7 concerning confidential information must be distinguished from the general ethical duty to hold in strict confidence all information concerning the business and affairs of the client acquired in the course of the professional relationship, which duty applies without regard to the nature or source of the information or to the fact that other persons may share the knowledge.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 8
8 (1) Subject to subsections (2) and (3), an agent must not enter into a business transaction with a client or knowingly give to a client or acquire from a client, directly or indirectly, ownership of, or a security or other monetary interest in, an intellectual property right that is the subject of the agent’s professional advice unless (a) the transaction is a fair and reasonable one and its terms are fully disclosed to the client in writing in a manner that can be reasonably understood by the client; (b) the client has obtained independent legal advice about the transaction or has expressly waived the right to independent legal advice, with the onus being on the agent to prove that the client’s interests were protected by that independent legal advice; and (c) the client consents in writing to the transaction. COMMENTARY The agent cannot act where the business transaction is one in which there is a substantial risk that the agent’s loyalty to or representation of the client would be materially and adversely affected by the agent’s own interest, unless the client consents and the agent reasonably believes that they are able to act for the client without having a material adverse effect on loyalty or the representation. If the agent chooses not to disclose the conflicting interest (that is, the agent’s own interest) or cannot do so without breaching confidence, the agent must decline the retainer. An agent must not uncritically accept a client’s decision to have the agent act. It should be borne in mind that, if the agent accepts the retainer, the agent’s first duty will be to the client. If the agent has any misgivings about being able to place the client’s interests first, the retainer must be declined. (2) If an agent has been retained to prepare or to provide services relating to a patent application and the agent conceives an improvement or modification to an invention or a portion of an invention to be claimed in the application, such that the agent reasonably believes that they are a co-inventor and proposes to list themselves as a co-inventor, the agent must advise the client to obtain independent professional advice as to (a) whether or not naming the agent as a co-inventor is appropriate and justified; and (b) whether a new agent should be retained to prosecute the application. (3) When an agent has been retained to provide services relating to a trademark application and the agent is responsible for or contributes substantially to the creation of the trademark, the agent must advise the client to obtain independent professional advice as to (a) whether or not the agent is entitled to any intellectual property right related to the trademark; and (b) whether a new agent should be retained to prosecute the application. (4) When a client intends to pay for agency services by transferring to the agent a share, participation or interest or right in property or in an enterprise other than a non-material interest or right in a publicly traded enterprise, the agent must recommend that the client obtain independent legal advice before accepting a retainer.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
COMMENTARY The agent cannot act where the business transaction is one in which there is a substantial risk that the agent’s loyalty to or representation of the client would be materially and adversely affected by the agent’s own interest, unless the client consents and the agent reasonably believes that they are able to act for the client without having a material adverse effect on loyalty or the representation. If the agent chooses not to disclose the conflicting interest (that is, the agent’s own interest) or cannot do so without breaching confidence, the agent must decline the retainer. An agent must not uncritically accept a client’s decision to have the agent act. It should be borne in mind that, if the agent accepts the retainer, the agent’s first duty will be to the client. If the agent has any misgivings about being able to place the client’s interests first, the retainer must be declined.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
The agent cannot act where the business transaction is one in which there is a substantial risk that the agent’s loyalty to or representation of the client would be materially and adversely affected by the agent’s own interest, unless the client consents and the agent reasonably believes that they are able to act for the client without having a material adverse effect on loyalty or the representation. If the agent chooses not to disclose the conflicting interest (that is, the agent’s own interest) or cannot do so without breaching confidence, the agent must decline the retainer. An agent must not uncritically accept a client’s decision to have the agent act. It should be borne in mind that, if the agent accepts the retainer, the agent’s first duty will be to the client. If the agent has any misgivings about being able to place the client’s interests first, the retainer must be declined.