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
Disclosure and Consent Disclosure is an essential requirement for obtaining a client’s consent. When it is not possible to provide the client with adequate disclosure because of the confidentiality of the information of another client, the agent must decline to act. Disclosure means full and fair disclosure of all information relevant to a person’s decision in sufficient time for the person to make a genuine and independent decision and the taking of reasonable steps to ensure that the client understands the matters disclosed. The agent must therefore inform the client of the relevant circumstances and the reasonably foreseeable ways that the conflict of interest could adversely affect the client’s interests, including the agent’s relationships with the parties and any interest in or connection with the matter. While this rule does not require that an agent advise a client to obtain independent legal advice about the conflict of interest, the agent must recommend such advice in some cases to ensure that the client’s consent is informed, genuine and uncoerced, especially if the client is vulnerable or not sophisticated. Following the required disclosure, the client can decide whether to give their consent. As important as it is to the client that the agent’s judgment and freedom of action on the client’s behalf not be subject to other interests, duties or obligations, in practice that factor may not always be decisive. Instead, it may be only one of several factors that the client will weigh when deciding whether to give the consent referred to in the rule. Other factors may include, for example, the availability of another agent of comparable expertise and experience, the stage that the matter or proceeding has reached, the extra cost, delay and inconvenience involved in engaging another agent and that agent’s lack of familiarity with the client and the client’s affairs.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
Disclosure is an essential requirement for obtaining a client’s consent. When it is not possible to provide the client with adequate disclosure because of the confidentiality of the information of another client, the agent must decline to act.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
Disclosure means full and fair disclosure of all information relevant to a person’s decision in sufficient time for the person to make a genuine and independent decision and the taking of reasonable steps to ensure that the client understands the matters disclosed. The agent must therefore inform the client of the relevant circumstances and the reasonably foreseeable ways that the conflict of interest could adversely affect the client’s interests, including the agent’s relationships with the parties and any interest in or connection with the matter.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
While this rule does not require that an agent advise a client to obtain independent legal advice about the conflict of interest, the agent must recommend such advice in some cases to ensure that the client’s consent is informed, genuine and uncoerced, especially if the client is vulnerable or not sophisticated.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
Following the required disclosure, the client can decide whether to give their consent. As important as it is to the client that the agent’s judgment and freedom of action on the client’s behalf not be subject to other interests, duties or obligations, in practice that factor may not always be decisive. Instead, it may be only one of several factors that the client will weigh when deciding whether to give the consent referred to in the rule. Other factors may include, for example, the availability of another agent of comparable expertise and experience, the stage that the matter or proceeding has reached, the extra cost, delay and inconvenience involved in engaging another agent and that agent’s lack of familiarity with the client and the client’s affairs.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
Consent in Advance An agent may be able to request that a client consent in advance to conflicts of interest that might arise in the future. As the effectiveness of such consent is generally determined by the extent to which the client reasonably understands the material risk that the consent entails, the more comprehensive the explanation of the types of future representations that might arise and the actual and reasonably foreseeable adverse consequences of those representations, the greater the likelihood that the client will have the requisite understanding. A general, open-ended consent will ordinarily be ineffective because it is not reasonably likely that the client will have understood the material risks involved. If the client is an experienced user of the agency services involved and is reasonably informed regarding the risk that a conflict of interest may arise, such consent is more likely to be effective, particularly if, for example, the client is independently represented by legal counsel in giving consent and the consent is limited to future conflicts unrelated to the subject of the representation. While not a prerequisite to advance consent, in some circumstances it may be advisable to recommend that the client obtain independent legal advice before deciding whether to provide consent. Advance consent must be recorded, for example in a retainer letter.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
An agent may be able to request that a client consent in advance to conflicts of interest that might arise in the future. As the effectiveness of such consent is generally determined by the extent to which the client reasonably understands the material risk that the consent entails, the more comprehensive the explanation of the types of future representations that might arise and the actual and reasonably foreseeable adverse consequences of those representations, the greater the likelihood that the client will have the requisite understanding. A general, open-ended consent will ordinarily be ineffective because it is not reasonably likely that the client will have understood the material risks involved. If the client is an experienced user of the agency services involved and is reasonably informed regarding the risk that a conflict of interest may arise, such consent is more likely to be effective, particularly if, for example, the client is independently represented by legal counsel in giving consent and the consent is limited to future conflicts unrelated to the subject of the representation.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
While not a prerequisite to advance consent, in some circumstances it may be advisable to recommend that the client obtain independent legal advice before deciding whether to provide consent. Advance consent must be recorded, for example in a retainer letter.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
Implied Consent In some cases consent may be implied rather than expressly granted. The concept of implied consent is applicable in exceptional cases only. Governments, chartered banks and entities that might be considered sophisticated consumers of agency services may accept that agents may act against them in unrelated matters if there is no danger of misuse of confidential information. The more sophisticated the client as a consumer of agency services, the more likely that an inference of consent can be drawn. The mere nature of the client is not, however, a sufficient basis upon which to assume implied consent. The matters must be unrelated, the agent must not possess confidential information from one client that could affect the agent’s representation of the other client and there must be a reasonable basis to conclude that the client has accepted that agents may act against it in such circumstances.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
In some cases consent may be implied rather than expressly granted. The concept of implied consent is applicable in exceptional cases only. Governments, chartered banks and entities that might be considered sophisticated consumers of agency services may accept that agents may act against them in unrelated matters if there is no danger of misuse of confidential information. The more sophisticated the client as a consumer of agency services, the more likely that an inference of consent can be drawn. The mere nature of the client is not, however, a sufficient basis upon which to assume implied consent. The matters must be unrelated, the agent must not possess confidential information from one client that could affect the agent’s representation of the other client and there must be a reasonable basis to conclude that the client has accepted that agents may act against it in such circumstances.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 3
3 Despite section 2, an agent must not provide representation to opposing parties in a dispute. COMMENTARY In a dispute, the immediate legal interests of the opposing parties are clearly adverse. If an agent were permitted to act for opposing parties in a dispute, even with their consent, the agent’s advice, judgment and loyalty to one client would be materially and adversely affected by the same duties to the other client or clients.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
COMMENTARY In a dispute, the immediate legal interests of the opposing parties are clearly adverse. If an agent were permitted to act for opposing parties in a dispute, even with their consent, the agent’s advice, judgment and loyalty to one client would be materially and adversely affected by the same duties to the other client or clients.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
In a dispute, the immediate legal interests of the opposing parties are clearly adverse. If an agent were permitted to act for opposing parties in a dispute, even with their consent, the agent’s advice, judgment and loyalty to one client would be materially and adversely affected by the same duties to the other client or clients.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 4
4 When there is no dispute among the clients about the matter that is the subject of the proposed representation, two or more agents in a firm may act for current clients with competing interests and may treat information received from each client as confidential and not disclose it to other clients, if (a) the risks of the agents acting in that manner have been disclosed to each client; (b) they have recommended to each client that they obtain independent legal advice, including legal advice with respect to the risks of concurrent representation; (c) the clients each determine that it is in their best interests that the agents act in that manner and consent to the concurrent representation; (d) each client is represented by a different agent in the firm; (e) appropriate screening mechanisms are in place to protect confidential information; and (f) all agents in the firm withdraw from the representation of all clients in respect of the matter if a dispute arises among the clients and cannot be resolved. COMMENTARY This rule provides guidance on concurrent representation, which is permitted in limited circumstances. Concurrent representation is not contrary to the rule prohibiting representation when there is a conflict of interest if the clients are fully informed of the risks and understand that, if a dispute arises among the clients that cannot be resolved, the agents may have to withdraw, which could result in potential additional costs. The basis for the advice described in the rule from both the agents involved in the concurrent representation and those giving the required independent legal advice is whether concurrent representation is in the best interests of the clients. Even if all clients consent, the agents must not accept a concurrent retainer if the matter is one in which one of the clients is less sophisticated or more vulnerable than another. In cases of concurrent representation agents must employ, as applicable, the reasonable screening measures to ensure non-disclosure of confidential information within the firm set out in the rule on conflicts arising from transfer between firms (see section 7).
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
COMMENTARY This rule provides guidance on concurrent representation, which is permitted in limited circumstances. Concurrent representation is not contrary to the rule prohibiting representation when there is a conflict of interest if the clients are fully informed of the risks and understand that, if a dispute arises among the clients that cannot be resolved, the agents may have to withdraw, which could result in potential additional costs. The basis for the advice described in the rule from both the agents involved in the concurrent representation and those giving the required independent legal advice is whether concurrent representation is in the best interests of the clients. Even if all clients consent, the agents must not accept a concurrent retainer if the matter is one in which one of the clients is less sophisticated or more vulnerable than another. In cases of concurrent representation agents must employ, as applicable, the reasonable screening measures to ensure non-disclosure of confidential information within the firm set out in the rule on conflicts arising from transfer between firms (see section 7).
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
This rule provides guidance on concurrent representation, which is permitted in limited circumstances. Concurrent representation is not contrary to the rule prohibiting representation when there is a conflict of interest if the clients are fully informed of the risks and understand that, if a dispute arises among the clients that cannot be resolved, the agents may have to withdraw, which could result in potential additional costs.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
The basis for the advice described in the rule from both the agents involved in the concurrent representation and those giving the required independent legal advice is whether concurrent representation is in the best interests of the clients. Even if all clients consent, the agents must not accept a concurrent retainer if the matter is one in which one of the clients is less sophisticated or more vulnerable than another.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
In cases of concurrent representation agents must employ, as applicable, the reasonable screening measures to ensure non-disclosure of confidential information within the firm set out in the rule on conflicts arising from transfer between firms (see section 7).
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
COMMENTARY Although this rule does not require that an agent advise clients to obtain independent legal advice before the agent accepts a joint retainer, in some cases, the agent must recommend seeking such advice in order to ensure that the clients’ consent to the joint retainer is informed, genuine and uncoerced, especially when one of the clients is less sophisticated or more vulnerable than another.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
Although this rule does not require that an agent advise clients to obtain independent legal advice before the agent accepts a joint retainer, in some cases, the agent must recommend seeking such advice in order to ensure that the clients’ consent to the joint retainer is informed, genuine and uncoerced, especially when one of the clients is less sophisticated or more vulnerable than another.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
COMMENTARY Even when all parties concerned consent, an agent must avoid acting for more than one client when it is likely that a contentious issue will arise between them or that their interests, rights or obligations will diverge as the matter progresses.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
Even when all parties concerned consent, an agent must avoid acting for more than one client when it is likely that a contentious issue will arise between them or that their interests, rights or obligations will diverge as the matter progresses.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
COMMENTARY If, after the clients have consented to a joint retainer, a contentious issue arises between them or between some of them, the agent is not necessarily precluded from advising them on non-contentious matters.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
If, after the clients have consented to a joint retainer, a contentious issue arises between them or between some of them, the agent is not necessarily precluded from advising them on non-contentious matters.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
COMMENTARY This rule does not relieve the agent of the obligation to obtain the consent of the clients when the contentious issue arises if there is or is likely to be a conflict of interest or if the representation on the contentious issue requires the agent to act against one of the clients. When entering into a joint retainer, the agent must stipulate that if a contentious issue arises the agent will be compelled to cease acting altogether unless, at the time the contentious issue arises, all parties consent to the agent’s continuing to represent one of them. However, consent given before the fact may be ineffective since the party granting the consent will not at the time of their consent be in possession of all the relevant information.
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 relieve the agent of the obligation to obtain the consent of the clients when the contentious issue arises if there is or is likely to be a conflict of interest or if the representation on the contentious issue requires the agent to act against one of the clients.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
When entering into a joint retainer, the agent must stipulate that if a contentious issue arises the agent will be compelled to cease acting altogether unless, at the time the contentious issue arises, all parties consent to the agent’s continuing to represent one of them. However, consent given before the fact may be ineffective since the party granting the consent will not at the time of their consent be in possession of all the relevant information.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 6
6 (1) Unless the former client consents, an agent who has acted in a matter for that client must not act against them in (a) the same matter; (b) any related matter; or (c) any other matter, if the agent has relevant confidential information arising from the representation of the former client that may prejudice that client. COMMENTARY This rule prohibits an agent from attacking the work done during the retainer or from undermining the client’s position on a matter that was central to the retainer. It is not improper for an agent to act against a former client in a fresh and independent matter wholly unrelated to any work the agent has previously done for that client if previously obtained confidential information is not relevant for that matter. (2) When an agent has acted for a former client and obtained confidential information relevant to a new matter, another agent in the agent’s firm may act in the new matter against the former client if (a) the former client consents to the other agent acting in the new matter; or (b) the firm has (i) taken reasonable measures to ensure that there will be no disclosure of the former client’s confidential information by the agent to any other agent, any other member or employee of the firm or any other person whose services the agent or the firm has retained in the new matter, and (ii) advised the agent’s former client, if requested by the client in the new matter, 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
COMMENTARY This rule prohibits an agent from attacking the work done during the retainer or from undermining the client’s position on a matter that was central to the retainer. It is not improper for an agent to act against a former client in a fresh and independent matter wholly unrelated to any work the agent has previously done for that client if previously obtained confidential information is not relevant for that matter.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
This rule prohibits an agent from attacking the work done during the retainer or from undermining the client’s position on a matter that was central to the retainer. It is not improper for an agent to act against a former client in a fresh and independent matter wholly unrelated to any work the agent has previously done for that client if previously obtained confidential information is not relevant for that matter.