GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 1
1 An agent must withdraw from a matter if (a) the client persists in instructing the agent to act in a manner that is contrary to professional ethics; (b) the client persists in giving instructions that the agent knows will result in the agent’s assisting the client to commit a crime or fraud; (c) the agent is unable to act competently or with reasonable promptness; or (d) the agent’s continued service to the client would violate the agent’s obligations with respect to any conflict of interest.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 2
2 An agent may withdraw when withdrawal is justified by the circumstances. Circumstances that may justify, but not require, withdrawal include the following: (a) the client fails after reasonable notice to provide funds on account of fees or disbursements in accordance with the agent’s reasonable request; (b) the client’s conduct in the matter is dishonourable or motivated primarily by malice; (c) the client is persistently unreasonable or uncooperative and makes it unreasonably difficult for the agent to provide services effectively; (d) the agent is unable to locate the client or to obtain proper instructions from them; (e) there is a serious loss of confidence between the agent and the client; and (f) the agent is unable to continue with their practice or retires from practice.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 3
3 An agent may withdraw with the client’s consent.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 4
4 If an agent withdraws or is discharged from a matter, the agent must endeavour to avoid foreseeable prejudice to the client and must also cooperate with a successor agent if one is appointed.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 5
5 If an agent withdraws or is discharged from a matter and is in receipt of an official communication on the matter to which a response must be filed in order to avoid abandonment of the matter, the agent must endeavour to report the official communication in a timely manner to the former client in order to avoid prejudice to that client and to permit them to take appropriate steps to safeguard their rights in the matter.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 6
6 On withdrawal or discharge, an agent must promptly render a final account and must account to the client for all money and property received from the client.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 7
7 Before agreeing to represent a client in a matter, a successor agent must be satisfied that the former agent has withdrawn from or has been discharged by the client in the matter.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (a)
ith the successor agent in the transfer of the file in a manner that minimizes expense and avoids prejudice to the client; and (g) comply with the applicable rules of the CIPO office or offices involved. If the agent who is discharged or withdraws is a member of an agency firm, the client must be notified that the agent and the agency firm are no longer acting for the client. The obligation to deliver papers and property is subject to any agreement between the agent and the client. In the event of conflicting claims to such papers or property, the agent must make every effort to have the claimants settle the dispute. Cooperation with the successor agent will normally include providing copies of all files for applications and patents but confidential information not clearly related to the matter must not be disclosed without the written consent of the client. An agent acting for several clients in a matter who ceases to act for one or more of them must cooperate with the successor agent or agents to the extent required by this Code and must seek to avoid any unseemly rivalry, whether real or apparent. It is quite proper for the successor agent to urge the client to settle or take reasonable steps towards settling or securing any outstanding account of the former agent, especially if the latter withdrew for good cause or was capriciously discharged. But, if a matter is in progress or is imminent, or if the client would otherwise be prejudiced, the existence of an outstanding account must not be allowed to interfere with the successor agent acting 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 essential element of reasonable notice is notification to the client unless the client cannot be located after reasonable efforts are made. No hard and fast rules can be laid down as to what constitutes reasonable notice before withdrawal and how quickly an agent may cease acting after notification will depend on all relevant circumstances. The governing principle is that the agent must protect the client’s interests to the best of the agent’s ability and must not desert the client at a critical stage of a matter or at a time when withdrawal would put the client in a position of disadvantage. As a general rule, the client must be given sufficient time to retain and instruct a replacement agent, including filing an appointment of agent in the relevant CIPO office. Every effort must be made to ensure that withdrawal occurs at an appropriate time in the prosecution of an application, in keeping with the agent’s obligations. The relevant CIPO office, opposing parties, foreign agents and any others directly affected by the withdrawal must also be notified of the withdrawal.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
Unless a client consents, an agent must not summarily and unexpectedly withdraw their services from that client in order to avoid a conflict arising from accepting a new second client. Note that disclosure is an essential requirement for obtaining the first client’s consent. If it is not possible to provide the first client with adequate disclosure because of the confidentiality of the information of the second client, the agent must decline to provide services to the second client.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
When an agency firm is dissolved or an agent leaves an agency firm to practise elsewhere, it usually results in the termination of the agent-client relationship between a particular client and one or more of the agents involved. In such cases, most clients prefer to retain the services of the agent who they regarded as being in charge of their business before the change. However, the final decision rests with the client and the agents who are no longer retained by that client must act in accordance with the principles set out in this rule and, in particular, must try to minimize expense and avoid prejudice to the client. The client’s interests are paramount and, accordingly, the decision as to whether the agent will continue to represent a given client must be made by the client in the absence of undue influence or harassment by either the agent or the agency firm. That may require either the departing agent or the agency firm, or both, to notify the client in writing that the agent is leaving and advise them of the options available to have the departing agent continue to act for them, to have the agency firm continue to act for them or to retain a new agent or new agency firm to act for them.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (a)
On discharge or withdrawal, an agent must (a) notify the client in writing, stating (i) that the agent has withdrawn, (ii) the reasons for the withdrawal, and (iii) in the case of a hearing, that the client should expect that the hearing or trial will proceed on the date scheduled and that the client should retain a new agent promptly; (b) deliver to the client all papers and property to which the client is entitled; (c) subject to any applicable trust conditions and undertakings — or, in Quebec, subject to any applicable conditions for the preservation in trust of any monies or other property entrusted to the agent by a client and to any applicable undertakings —, give the client all relevant information in connection with the matter; (d) account for all funds of the client held at that time or previously dealt with, including the refunding of any remuneration not earned during the representation; (e) promptly render an account for outstanding fees and disbursements; (f) cooperate with the successor agent in the transfer of the file in a manner that minimizes expense and avoids prejudice to the client; and (g) comply with the applicable rules of the CIPO office or offices involved.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (a)
(a) notify the client in writing, stating (i) that the agent has withdrawn, (ii) the reasons for the withdrawal, and (iii) in the case of a hearing, that the client should expect that the hearing or trial will proceed on the date scheduled and that the client should retain a new agent promptly;
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (ii)
(ii) the reasons for the withdrawal, and
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (iii)
(iii) in the case of a hearing, that the client should expect that the hearing or trial will proceed on the date scheduled and that the client should retain a new agent promptly;
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (b)
(b) deliver to the client all papers and property to which the client is entitled;
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (c)
(c) subject to any applicable trust conditions and undertakings — or, in Quebec, subject to any applicable conditions for the preservation in trust of any monies or other property entrusted to the agent by a client and to any applicable undertakings —, give the client all relevant information in connection with the matter;
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (d)
(d) account for all funds of the client held at that time or previously dealt with, including the refunding of any remuneration not earned during the representation;
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (e)
(e) promptly render an account for outstanding fees and disbursements;
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (f)
(f) cooperate with the successor agent in the transfer of the file in a manner that minimizes expense and avoids prejudice to the client; and
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (g)
(g) comply with the applicable rules of the CIPO office or offices involved.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
If the agent who is discharged or withdraws is a member of an agency firm, the client must be notified that the agent and the agency firm are no longer acting 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
The obligation to deliver papers and property is subject to any agreement between the agent and the client. In the event of conflicting claims to such papers or property, the agent must make every effort to have the claimants settle the dispute.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
Cooperation with the successor agent will normally include providing copies of all files for applications and patents but confidential information not clearly related to the matter must not be disclosed without the written consent of 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 acting for several clients in a matter who ceases to act for one or more of them must cooperate with the successor agent or agents to the extent required by this Code and must seek to avoid any unseemly rivalry, whether real or apparent.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
It is quite proper for the successor agent to urge the client to settle or take reasonable steps towards settling or securing any outstanding account of the former agent, especially if the latter withdrew for good cause or was capriciously discharged. But, if a matter is in progress or is imminent, or if the client would otherwise be prejudiced, the existence of an outstanding account must not be allowed to interfere with the successor agent acting 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 must assist in maintaining the standards of the profession in dealings with the College and members of the profession generally. An agent’s conduct toward other agents must be characterized by courtesy and good faith.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 1
1 An agent must conduct themselves in a professional manner.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 2
2 An agent must refrain from conduct that brings discredit to the profession.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 3
3 An agent must respond promptly and in a complete and appropriate manner to any communication from the College relating to their conduct.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 4
4 An agent has a professional duty to meet financial obligations in relation to their practice.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 5
5 An agent must report to the College any conduct of which the agent has personal knowledge and which in the agent’s reasonable opinion, arrived at in good faith, raises a serious question of whether another agent is in breach of this Code.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 6
6 An agent must encourage a client who has a claim or complaint against an apparently dishonest agent to report the facts to the College as soon as reasonably practicable.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 7
7 An agent has complete professional responsibility for all business entrusted to them and must directly supervise staff and assistants to whom they delegate particular tasks and functions.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 8
8 An agent who supervises an agent in training must provide them with meaningful training and exposure to, and involvement in, work that will provide them with knowledge and experience of the practical aspects of the work of a patent agent or a trademark agent, together with an appreciation of the traditions and ethics of the profession.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 9
9 An agent must not discriminate against any person in connection with their practice.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 10
10 An agent must not sexually harass or engage in any other form of harassment of any person in connection with their practice.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 11
11 (1) When an agent (the “transferring agent”) transfers from one firm (the “former firm”) to another firm, neither the transferring agent nor the former firm may harass or exercise or attempt to exercise undue influence on clients of the former firm — whose work was done by the transferring agent — for the purpose of influencing the decision of the client as to who will represent them. (2) An agent who is an employee must not solicit business from their employer’s clients or prospective clients on their own account without their employer’s knowledge.
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 conduct toward other agents must be characterized by courtesy and good faith.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 1
1 (1) An agent must be courteous and civil and act in good faith with all persons with whom the agent has dealings in the course of their practice. (2) All correspondence and remarks by an agent addressed to or concerning another agent, whether inside or outside of the agent’s firm or concerning another firm, CIPO or the College, must be fair, accurate and courteous. (3) An agent must avoid sharp practice and must not take advantage of or act without fair warning with respect to omissions, irregularities or mistakes on the part of other agents not going to the merits or involving the sacrifice of a client’s rights. (4) An agent must avoid ill-considered or uninformed criticism of the competence, conduct, advice or work of other agents, but must be prepared when requested to advise and represent a client with respect to a complaint involving another agent. (5) An agent must agree to reasonable requests concerning hearing dates, adjournments, the waiver of procedural formalities and other similar matters that do not prejudice the rights of their client unless to do so would be contrary to the client’s instructions. COMMENTARY The public interest demands that matters entrusted to an agent be dealt with effectively and expeditiously and fair and courteous dealing on the part of each agent engaged in a matter will contribute substantially to this end. The agent who behaves otherwise does a disservice to the client and neglect of the rule will impair the ability of agents to perform their functions properly. Any ill feeling that may exist or be engendered between clients, particularly during opposition proceedings, must never be allowed to influence agents in their conduct and demeanour toward each other or the other parties. The presence of personal animosity between agents involved in a matter may cause their judgment to be clouded by emotional factors and hinder the proper resolution of the matter.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
COMMENTARY The public interest demands that matters entrusted to an agent be dealt with effectively and expeditiously and fair and courteous dealing on the part of each agent engaged in a matter will contribute substantially to this end. The agent who behaves otherwise does a disservice to the client and neglect of the rule will impair the ability of agents to perform their functions properly. Any ill feeling that may exist or be engendered between clients, particularly during opposition proceedings, must never be allowed to influence agents in their conduct and demeanour toward each other or the other parties. The presence of personal animosity between agents involved in a matter may cause their judgment to be clouded by emotional factors and hinder the proper resolution of 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 public interest demands that matters entrusted to an agent be dealt with effectively and expeditiously and fair and courteous dealing on the part of each agent engaged in a matter will contribute substantially to this end. The agent who behaves otherwise does a disservice to the client and neglect of the rule will impair the ability of agents to perform their functions properly.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
Any ill feeling that may exist or be engendered between clients, particularly during opposition proceedings, must never be allowed to influence agents in their conduct and demeanour toward each other or the other parties. The presence of personal animosity between agents involved in a matter may cause their judgment to be clouded by emotional factors and hinder the proper resolution of the matter.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
COMMENTARY Subsection (3) applies to communications with any person , whether or not they are a party to a formal adjudicative proceeding, contract or negotiation, who is represented by an agent concerning the matter to which the communication relates. An agent may communicate with a represented person in relation to other matters. Subsection (3) does not prevent parties to a matter from communicating directly with each other. The prohibition on communications with a represented person applies only if the agent knows or should know, based on the circumstances, that the person is represented in the matter to be discussed.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
Subsection (3) applies to communications with any person , whether or not they are a party to a formal adjudicative proceeding, contract or negotiation, who is represented by an agent concerning the matter to which the communication relates. An agent may communicate with a represented person in relation to other matters. Subsection (3) does not prevent parties to a matter from communicating directly with each other.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
The prohibition on communications with a represented person applies only if the agent knows or should know, based on the circumstances, that the person is represented in the matter to be discussed.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
COMMENTARY Subsection (4) deals with circumstances in which a client may wish to obtain a second opinion from another agent. In providing a second opinion, and in order to provide competent services, that other agent may require facts that can be obtained only through consultation with the first agent involved. The other agent must advise the client accordingly and, if necessary, consult the first agent unless the client instructs otherwise.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
Subsection (4) deals with circumstances in which a client may wish to obtain a second opinion from another agent. In providing a second opinion, and in order to provide competent services, that other agent may require facts that can be obtained only through consultation with the first agent involved. The other agent must advise the client accordingly and, if necessary, consult the first agent unless the client instructs otherwise.