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
COMMENTARY The remuneration paid to an agent by a client for agency work undertaken by the agent for the client does not give rise to a conflicting interest.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
The remuneration paid to an agent by a client for agency work undertaken by the agent for the client does not give rise to a conflicting interest.
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 be both honest and candid when advising a client and must inform the client of all information known to the agent that may affect the interests of the client in the matter.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 1
1 The agent must give the client competent advice and service based on a sufficient knowledge of the relevant facts, an adequate consideration of the applicable law and the agent’s own experience and expertise.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 2
2 The agent’s advice must be open and transparent and must clearly disclose what the agent honestly thinks about the merits of the matter at issue and the likely results. COMMENTARY Occasionally, an agent must be firm with a client. Firmness, without rudeness, is not a violation of the rule. In communicating with the client, the agent may disagree with the client’s perspective or may have concerns about the client’s position on a matter and may give advice that will not please the client, which may legitimately require firm and animated discussion with the client. The agent must not keep the client in the dark about matters they know to be relevant to the retainer.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
COMMENTARY Occasionally, an agent must be firm with a client. Firmness, without rudeness, is not a violation of the rule. In communicating with the client, the agent may disagree with the client’s perspective or may have concerns about the client’s position on a matter and may give advice that will not please the client, which may legitimately require firm and animated discussion with the client. The agent must not keep the client in the dark about matters they know to be relevant to the retainer.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
Occasionally, an agent must be firm with a client. Firmness, without rudeness, is not a violation of the rule. In communicating with the client, the agent may disagree with the client’s perspective or may have concerns about the client’s position on a matter and may give advice that will not please the client, which may legitimately require firm and animated discussion with the client. The agent must not keep the client in the dark about matters they know to be relevant to the retainer.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 3
3 If it becomes apparent to the agent that the client has misunderstood or misconceived the agent’s position or what is really involved, the agent must use reasonable efforts to explain their advice and recommendations to the client. COMMENTARY An agent has a duty to communicate effectively with the client. What is effective will vary depending on the nature of the retainer, the needs and sophistication of the client and the need for the client to make fully informed decisions and provide instructions.
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 has a duty to communicate effectively with the client. What is effective will vary depending on the nature of the retainer, the needs and sophistication of the client and the need for the client to make fully informed decisions and provide instructions.
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 communicate effectively with the client. What is effective will vary depending on the nature of the retainer, the needs and sophistication of the client and the need for the client to make fully informed decisions and provide instructions.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 4
4 An agent must act on the client’s instructions in a reasonably prompt manner and must reply to all of the client’s inquiries.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 5
5 An agent must take reasonable steps to advise the client of the cost of seeking or obtaining intellectual property protection, on the recommendation of the agent, in Canada or elsewhere. COMMENTARY An agent must provide to the client in writing, before or within a reasonable time after commencing a representation, as much information regarding fees and disbursements as is reasonable and practical in the circumstances, including the basis on which fees will be determined. An agent must confirm with the client in writing the substance of all fee discussions that occur as a matter progresses and an agent may subsequently revise an initial estimate of fees and disbursements.
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 must provide to the client in writing, before or within a reasonable time after commencing a representation, as much information regarding fees and disbursements as is reasonable and practical in the circumstances, including the basis on which fees will be determined. An agent must confirm with the client in writing the substance of all fee discussions that occur as a matter progresses and an agent may subsequently revise an initial estimate of fees and disbursements.
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 provide to the client in writing, before or within a reasonable time after commencing a representation, as much information regarding fees and disbursements as is reasonable and practical in the circumstances, including the basis on which fees will be determined. An agent must confirm with the client in writing the substance of all fee discussions that occur as a matter progresses and an agent may subsequently revise an initial estimate of fees and disbursements.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 6
6 An agent must communicate in a timely and effective manner at all stages of the client’s matter or transaction. COMMENTARY The requirement to provide conscientious, diligent and efficient service means that an agent must make every effort to provide timely service to the client. An agent must meet all deadlines, unless the agent is able to offer a reasonable explanation for not doing so, and ensure that there will be no prejudice to the client as a result. Whether or not a specific deadline applies, an agent must be prompt in prosecuting a matter, responding to communications and reporting developments to the client. In the absence of developments, contact with the client must be maintained to the extent the client reasonably expects.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
COMMENTARY The requirement to provide conscientious, diligent and efficient service means that an agent must make every effort to provide timely service to the client. An agent must meet all deadlines, unless the agent is able to offer a reasonable explanation for not doing so, and ensure that there will be no prejudice to the client as a result. Whether or not a specific deadline applies, an agent must be prompt in prosecuting a matter, responding to communications and reporting developments to the client. In the absence of developments, contact with the client must be maintained to the extent the client reasonably expects.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
The requirement to provide conscientious, diligent and efficient service means that an agent must make every effort to provide timely service to the client. An agent must meet all deadlines, unless the agent is able to offer a reasonable explanation for not doing so, and ensure that there will be no prejudice to the client as a result. Whether or not a specific deadline applies, an agent must be prompt in prosecuting a matter, responding to communications and reporting developments to the client. In the absence of developments, contact with the client must be maintained to the extent the client reasonably expects.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 7
7 An agent must not undertake to act for a client if they are not comfortable, for justifiable reasons, with undertaking the requested task or work for that particular client or disagree with the instructions from the client to such an extent that the instructions would impair the agent’s ability to perform their services in accordance with this Code.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 8
8 An agent must inform the client in a reasonably prompt manner of any material error or omission that has been made with respect to the client’s matter. COMMENTARY If, in connection with a matter for which an agent is responsible, the agent discovers an error or omission that is or may be damaging to the client and that cannot be readily rectified, the agent must (a) promptly inform the client of the error or omission without admitting legal liability; (b) recommend that the client obtain independent professional or legal advice concerning the matter; and (c) advise the client of the possibility that, in the circumstances, the agent may no longer be able to continue to act for the client.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (a)
COMMENTARY If, in connection with a matter for which an agent is responsible, the agent discovers an error or omission that is or may be damaging to the client and that cannot be readily rectified, the agent must (a) promptly inform the client of the error or omission without admitting legal liability; (b) recommend that the client obtain independent professional or legal advice concerning the matter; and (c) advise the client of the possibility that, in the circumstances, the agent may no longer be able to continue to act for the client.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (a)
If, in connection with a matter for which an agent is responsible, the agent discovers an error or omission that is or may be damaging to the client and that cannot be readily rectified, the agent must (a) promptly inform the client of the error or omission without admitting legal liability; (b) recommend that the client obtain independent professional or legal advice concerning the matter; and (c) advise the client of the possibility that, in the circumstances, the agent may no longer be able to continue to act for the client.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (a)
(a) promptly inform the client of the error or omission without admitting legal liability;
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (b)
(b) recommend that the client obtain independent professional or legal advice concerning the matter; and
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (c)
(c) advise the client of the possibility that, in the circumstances, the agent may no longer be able to continue 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 fairness and reasonableness in their financial dealings with the client.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 1
1 An agent must not charge or accept any fee or recover any disbursement, including interest, that is not fair and reasonable and is not disclosed fully and in a timely manner to the client.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 2
2 An agent may enter into a written agreement that provides that their fee is contingent, in whole or in part, on the outcome of the matter for which their services are to be provided.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 3
3 An agent must not appropriate any funds under their control for or on account of fees without the authority of the client except as permitted by this Part. Money held by an agent to the credit of a client may not be applied to fees payable by the client unless the agent has rendered an account to the client.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 4
4 An agent must not permit a non-agent to fix any fee that is to be charged to a client unless that person uses a fee schedule that has been set by the agent.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 5
5 In any statement of account that is provided to a client, an agent must separately and clearly detail all fees and disbursements and must not show as a disbursement to a third party any amount that has not been paid to the third party.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 6
6 If the client consents, fees for any matter may be shared by the agent with another agent or a legal counsel who is not a partner or associate in the same firm as the agent if the fees are divided in proportion to the work done and the responsibilities assumed.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 7
7 If an agent refers a matter to another agent or professional because of their expertise and ability to handle the matter, and the referral is not made because of a conflict of interest, the referring agent may accept, and the other agent may pay, a referral fee if (a) the fee is reasonable and does not increase the total amount of the fee charged to the client; and (b) the client is informed of and consents to the payment of that referral fee.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 8
8 If an agent requires payment prior to commencing the client’s work, the agent must confirm with the client in writing the amount and purpose of the payment and the consequences of any delay in making the payment and in the commencement of the work, including any possible loss of rights.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (a)
COMMENTARY The factors that may be taken into account in determining that the amount of an account represents a fair and reasonable fee in a given case include the following: (a) the time and effort required and expended; (b) the nature of the matter, including its difficulty and urgency, its importance to the client, its monetary value and any other special circumstances such as postponement of payment and the uncertainty of reward; (c) whether any special skill or service has been required and provided; (d) the results obtained; (e) the customary fees charged by other agents of equal standing in the same locality in similar matters and circumstances; (f) the likelihood, if made known to the client by the agent, that the agent’s acceptance of the retainer will result in their inability to accept other work; (g) any relevant agreement between the agent and the client; (h) the experience and ability of the agent; (i) any estimate or range of fees provided to the client by the agent; (j) whether the fee is contingent on the outcome of the matter; (k) whether the client has previously consented to the fee; and (l) the direct costs incurred by the agent in providing the services. For greater clarity, nothing in this provision restricts an agent’s ability to provide discounted or low-cost services. An agent must provide to the client in writing, before or within a reasonable time after commencing a representation, as much information regarding fees, disbursements and interest as is reasonable and practical in the circumstances, including the basis on which fees will be determined. An agent must be ready to explain the basis of fees charged and disbursements recovered from the client. If something unusual or unforeseen occurs that may substantially affect the amount of a fee or disbursement, the agent must give the client a prompt explanation. With respect to contingency fees (see paragraph (j) above), although an agent is generally permitted to terminate their professional relationship with a client and withdraw their services under this Code (see Part 6), special circumstances apply when the representation is carried out in accordance with a contingency agreement. In such circumstances, the agent has impliedly undertaken the risk of not being paid in the event that the representation is not successful. Accordingly, an agent may not withdraw from the representation of the client for reasons set out in paragraph 2(a) of Part 6 in relation to fees unless the written contingency agreement specifically provides that the agent has the right to do so and sets out the circumstances in which that right arises.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (a)
The factors that may be taken into account in determining that the amount of an account represents a fair and reasonable fee in a given case include the following: (a) the time and effort required and expended; (b) the nature of the matter, including its difficulty and urgency, its importance to the client, its monetary value and any other special circumstances such as postponement of payment and the uncertainty of reward; (c) whether any special skill or service has been required and provided; (d) the results obtained; (e) the customary fees charged by other agents of equal standing in the same locality in similar matters and circumstances; (f) the likelihood, if made known to the client by the agent, that the agent’s acceptance of the retainer will result in their inability to accept other work; (g) any relevant agreement between the agent and the client; (h) the experience and ability of the agent; (i) any estimate or range of fees provided to the client by the agent; (j) whether the fee is contingent on the outcome of the matter; (k) whether the client has previously consented to the fee; and (l) the direct costs incurred by the agent in providing the services.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (a)
(a) the time and effort required and expended;
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (b)
(b) the nature of the matter, including its difficulty and urgency, its importance to the client, its monetary value and any other special circumstances such as postponement of payment and the uncertainty of reward;
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (c)
(c) whether any special skill or service has been required and provided;
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (e)
(e) the customary fees charged by other agents of equal standing in the same locality in similar matters and circumstances;
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (f)
(f) the likelihood, if made known to the client by the agent, that the agent’s acceptance of the retainer will result in their inability to accept other work;
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (g)
(g) any relevant agreement between the agent and the client;
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (h)
(h) the experience and ability of the agent;
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (i)
(i) any estimate or range of fees provided to the client by the agent;
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (j)
(j) whether the fee is contingent on the outcome of the matter;
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (k)
(k) whether the client has previously consented to the fee; and
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (l)
(l) the direct costs incurred by the agent in providing the services.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
For greater clarity, nothing in this provision restricts an agent’s ability to provide discounted or low-cost services.
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 provide to the client in writing, before or within a reasonable time after commencing a representation, as much information regarding fees, disbursements and interest as is reasonable and practical in the circumstances, including the basis on which fees will be determined.
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 be ready to explain the basis of fees charged and disbursements recovered from the client. If something unusual or unforeseen occurs that may substantially affect the amount of a fee or disbursement, the agent must give the client a prompt explanation.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
With respect to contingency fees (see paragraph (j) above), although an agent is generally permitted to terminate their professional relationship with a client and withdraw their services under this Code (see Part 6), special circumstances apply when the representation is carried out in accordance with a contingency agreement. In such circumstances, the agent has impliedly undertaken the risk of not being paid in the event that the representation is not successful. Accordingly, an agent may not withdraw from the representation of the client for reasons set out in paragraph 2(a) of Part 6 in relation to fees unless the written contingency agreement specifically provides that the agent has the right to do so and sets out the circumstances in which that right arises.
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 not withdraw from the representation of a client except for good cause and on reasonable notice to the client.