GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
person includes an individual and a corporation or other entity. ( personne )
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
profession means the profession of patent agent or trademark agent as those terms are defined in section 2 of the Act. ( profession )
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 2
2 The most important attribute of an agent is integrity. That principle is implicit in this Code and in each of the rules and commentaries set out in it. Irrespective of the possibility of formal sanction under any of the rules in this Code, an agent must at all times conduct themselves with integrity and competence in accordance with the highest standards of the profession in order to retain the trust, respect and confidence of members of the profession and the public.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
An agent owes the client a duty to be competent to perform any agency services and must perform all such services undertaken on a client’s behalf to the standard of a competent agent.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 1
1 An agent must not undertake or continue any matter unless they believe that they are competent to handle it or believe that they could become competent to do so without undue delay, risk or expense to the client and without associating with another agent who is competent to handle the matter. The agent must promptly advise the client whenever the agent reasonably believes that they may not be competent to handle a particular matter. If consulted about such a matter, the agent must (a) decline to act; (b) obtain the client’s consent for the agent to become competent without undue delay, risk or expense to the client; or (c) obtain instructions from the client to retain, consult or collaborate with another agent who is competent to handle the matter.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 2
2 An agent fails to meet standards of professional competence if (a) there are deficiencies in (i) their knowledge, skill or judgment, (ii) their attention to the interests of clients, (iii) the records, systems or procedures of their professional business, or (iv) any other aspects of their professional business; and (b) the deficiencies referred to in paragraph (a) give rise to a reasonable apprehension that the quality of service they provide to clients may be adversely affected.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 3
3 An agent must assume complete professional responsibility for all agency services that they provide and maintain direct supervision over staff and assistants such as agents in training, students, clerks and legal assistants to whom they may delegate particular tasks and functions.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 4
4 An agent must maintain appropriate office procedures and systems, including systems for meeting the requirements for all deadlines arising from client matters and for handling and maintaining client affairs without prejudicing them.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 5
5 An agent must keep abreast of developments in the branches of law relating to the agent’s practice by engaging in study and education. In addition, an agent must keep abreast of developments in the law relating to patent agent privilege and trademark agent privilege.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (a)
COMMENTARY An agent is held out as knowledgeable, skilled and capable in the subject matter of their agency. Accordingly, the client is entitled to assume that the agent has the ability and capacity to deal adequately with all agency matters to be undertaken on the client’s behalf. Competence of an agent is founded upon both ethical and applicable legal principles. Competence involves more than an understanding of agency legal principles. It involves an adequate knowledge of the practice and procedures by which such principles can be effectively applied. To ensure that they have that knowledge, the agent must keep abreast of developments in all areas of intellectual property law and practice in which the agent practises. This rule does not require a standard of perfection. An error or omission, even though it might be actionable for damages in negligence, professional fault or contract, will not necessarily constitute a failure to maintain the standard of professional competence described by the rule. However, evidence of gross neglect in a particular matter, or a pattern of neglect or mistakes in different matters, may be evidence of such a failure, regardless of tort or extracontractual civil liability. While damages may be awarded for negligence, incompetence can give rise to the additional sanction of disciplinary action. In deciding whether the agent has employed the requisite degree of knowledge and skill in a particular matter, relevant factors that are to be taken into account are (a) the complexity and specialized nature of the matter; (b) the agent’s general experience; (c) the agent’s training and experience in the technical field and applicable patent and trademark law; (d) the preparation and study that the agent was able to dedicate to the matter; and (e) whether it would have been appropriate or feasible to refer the matter to, or associate or consult with, an agent of established competence in the field in question. An agent who practises alone or operates a branch office or a part-time office must ensure that all matters requiring an agent’s professional skill and judgment are dealt with directly by an agent qualified to do the work.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
An agent is held out as knowledgeable, skilled and capable in the subject matter of their agency. Accordingly, the client is entitled to assume that the agent has the ability and capacity to deal adequately with all agency matters to be undertaken on the client’s behalf. Competence of an agent is founded upon both ethical and applicable legal principles. Competence involves more than an understanding of agency legal principles. It involves an adequate knowledge of the practice and procedures by which such principles can be effectively applied. To ensure that they have that knowledge, the agent must keep abreast of developments in all areas of intellectual property law and practice in which the agent practises.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
This rule does not require a standard of perfection. An error or omission, even though it might be actionable for damages in negligence, professional fault or contract, will not necessarily constitute a failure to maintain the standard of professional competence described by the rule. However, evidence of gross neglect in a particular matter, or a pattern of neglect or mistakes in different matters, may be evidence of such a failure, regardless of tort or extracontractual civil liability. While damages may be awarded for negligence, incompetence can give rise to the additional sanction of disciplinary action.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (a)
In deciding whether the agent has employed the requisite degree of knowledge and skill in a particular matter, relevant factors that are to be taken into account are (a) the complexity and specialized nature of the matter; (b) the agent’s general experience; (c) the agent’s training and experience in the technical field and applicable patent and trademark law; (d) the preparation and study that the agent was able to dedicate to the matter; and (e) whether it would have been appropriate or feasible to refer the matter to, or associate or consult with, an agent of established competence in the field in question.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (a)
(a) the complexity and specialized nature of the matter;
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (c)
(c) the agent’s training and experience in the technical field and applicable patent and trademark law;
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (d)
(d) the preparation and study that the agent was able to dedicate to the matter; and
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (e)
(e) whether it would have been appropriate or feasible to refer the matter to, or associate or consult with, an agent of established competence in the field in question.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
An agent who practises alone or operates a branch office or a part-time office must ensure that all matters requiring an agent’s professional skill and judgment are dealt with directly by an agent qualified to do the work.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
An agent has a duty to preserve the confidences and secrets of their clients.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 1
1 An agent must hold in strict confidence all information concerning the business and affairs of the client acquired in the course of the professional relationship and must not disclose such information unless the disclosure is expressly or impliedly authorized by the client, required by law or by order of a court or otherwise permitted or required by this Code. COMMENTARY In order to facilitate open communication between client and agent, it is important that the client feel completely secure that such communication will be held in strict confidence by the agent. This rule must be distinguished from the statutory rule of privilege concerning oral or documentary communications between the client and the agent. The ethical rule is wider and applies without regard to the nature or source of the information or the fact that others may have knowledge of the information.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
COMMENTARY In order to facilitate open communication between client and agent, it is important that the client feel completely secure that such communication will be held in strict confidence by the agent. This rule must be distinguished from the statutory rule of privilege concerning oral or documentary communications between the client and the agent. The ethical rule is wider and applies without regard to the nature or source of the information or the fact that others may have knowledge of the information.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
In order to facilitate open communication between client and agent, it is important that the client feel completely secure that such communication will be held in strict confidence by the agent.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
This rule must be distinguished from the statutory rule of privilege concerning oral or documentary communications between the client and the agent. The ethical rule is wider and applies without regard to the nature or source of the information or the fact that others may have knowledge of the information.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 2
2 An agent must exercise reasonable care to ensure the privacy and confidentiality of such information. COMMENTARY Sole practitioners who practise in association with other agents in cost-sharing, space-sharing or other arrangements must be mindful of the risk of advertent or inadvertent disclosure of confidential information even if the agents institute systems and procedures that are designed to insulate their respective practices. The issue may become more significant if an agent in the association represents a client on the other side of a dispute with the client of another agent in the association. Apart from conflict of interest issues such a situation may raise, the risk of such disclosure may depend on the extent to which the agents’ practices are integrated, physically and administratively, in the association. Generally, unless the nature of the matter requires such disclosure, an agent must not disclose that they have been retained by a person about a particular matter or consulted by a person about a particular matter, whether or not an agent-client relationship has been established between them. An agent must take care to avoid disclosure to one client of confidential information concerning or received from another client and must decline employment that might require such disclosure. In some situations, the authority of the client to disclose may be inferred. For example, it is implied that an agent may, unless the client directs otherwise, disclose the client’s affairs to partners, associates, administrative staff and other individuals in the agent’s firm. But this implied authority to disclose places the agent under a duty to impress upon such individuals the importance of such non-disclosure (both during their employment and afterwards) and requires the agent to take reasonable care to prevent their disclosing or using any information that the agent is bound to keep in confidence.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
COMMENTARY Sole practitioners who practise in association with other agents in cost-sharing, space-sharing or other arrangements must be mindful of the risk of advertent or inadvertent disclosure of confidential information even if the agents institute systems and procedures that are designed to insulate their respective practices. The issue may become more significant if an agent in the association represents a client on the other side of a dispute with the client of another agent in the association. Apart from conflict of interest issues such a situation may raise, the risk of such disclosure may depend on the extent to which the agents’ practices are integrated, physically and administratively, in the association. Generally, unless the nature of the matter requires such disclosure, an agent must not disclose that they have been retained by a person about a particular matter or consulted by a person about a particular matter, whether or not an agent-client relationship has been established between them. An agent must take care to avoid disclosure to one client of confidential information concerning or received from another client and must decline employment that might require such disclosure. In some situations, the authority of the client to disclose may be inferred. For example, it is implied that an agent may, unless the client directs otherwise, disclose the client’s affairs to partners, associates, administrative staff and other individuals in the agent’s firm. But this implied authority to disclose places the agent under a duty to impress upon such individuals the importance of such non-disclosure (both during their employment and afterwards) and requires the agent to take reasonable care to prevent their disclosing or using any information that the agent is bound to keep in confidence.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
Sole practitioners who practise in association with other agents in cost-sharing, space-sharing or other arrangements must be mindful of the risk of advertent or inadvertent disclosure of confidential information even if the agents institute systems and procedures that are designed to insulate their respective practices. The issue may become more significant if an agent in the association represents a client on the other side of a dispute with the client of another agent in the association. Apart from conflict of interest issues such a situation may raise, the risk of such disclosure may depend on the extent to which the agents’ practices are integrated, physically and administratively, in the association.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
Generally, unless the nature of the matter requires such disclosure, an agent must not disclose that they have been retained by a person about a particular matter or consulted by a person about a particular matter, whether or not an agent-client relationship has been established between them.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
An agent must take care to avoid disclosure to one client of confidential information concerning or received from another client and must decline employment that might require such disclosure.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
In some situations, the authority of the client to disclose may be inferred. For example, it is implied that an agent may, unless the client directs otherwise, disclose the client’s affairs to partners, associates, administrative staff and other individuals in the agent’s firm. But this implied authority to disclose places the agent under a duty to impress upon such individuals the importance of such non-disclosure (both during their employment and afterwards) and requires the agent to take reasonable care to prevent their disclosing or using any information that the agent is bound to keep in confidence.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 3
3 The agent must continue to hold in confidence such information despite conclusion of the matter or termination of the professional relationship with the client. COMMENTARY An agent owes a duty of confidentiality to every client without exception and whether or not the client is a continuing or casual client. The duty survives the professional relationship and continues indefinitely after the agent has ceased to act for the client.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
COMMENTARY An agent owes a duty of confidentiality to every client without exception and whether or not the client is a continuing or casual client. The duty survives the professional relationship and continues indefinitely after the agent has ceased to act for the client.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
An agent owes a duty of confidentiality to every client without exception and whether or not the client is a continuing or casual client. The duty survives the professional relationship and continues indefinitely after the agent has ceased to act for the client.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 4
4 An agent must guard against participating in or commenting on speculation concerning the client’s affairs or business, even if certain related facts are public knowledge.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 5
5 An agent must not disclose any confidential information that is disclosed to them concerning a client’s business or affairs regardless of its source, other than facts that are a matter of public record.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 6
6 When disclosure is required by law or by order of a court, the agent must always be careful not to disclose more information than is required.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 7
7 An agent may disclose confidential information to a legal counsel in order to secure legal or ethical advice about the agent’s proposed conduct.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 8
8 An agent may disclose confidential information in order to defend against any allegations, but must not disclose more information than is required, if it is alleged that the agent or the agent’s associates or employees (a) have committed a criminal offence involving a client’s affairs; (b) are civilly liable with respect to a matter involving a client’s affairs; (c) have committed acts of professional negligence; or (d) have committed professional misconduct or are incompetent.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 9
9 An agent may disclose confidential information in order to establish or collect their fees, but must not disclose more information than is required.