GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (a)
COMMENTARY As a matter related to clients’ interests in maintaining a relationship with the agent of choice and protecting client confidences, agents in different firms may need to disclose limited information to each other to detect and resolve conflicts of interest, such as when an agent is considering an association with another firm, two or more firms are considering a merger or an agent is considering the purchase of a firm. In these situations (see subsection 7(1) of Part 3), this section permits agents and firms to disclose limited information. That type of disclosure would only be made once substantive discussions regarding the new relationship have taken place. The exchange of information between the firms needs to be carried out in a manner consistent with the obligations of the transferring agent and of the new firm to protect client confidentiality and privileged information and avoid any prejudice to the client. It ordinarily would include no more than the names of the persons involved in a matter or matters. Depending on the circumstances, it may include a brief summary of the general issues involved and information about whether the representation has come to an end. The disclosure should be made to as few agents at the new firm as possible, ideally to just one agent of the new firm such as a designated conflicts agent. The information must always be disclosed only to the extent reasonably necessary in order to detect and resolve conflicts of interest that might arise from the possible new relationship. As the disclosure is made on the basis that it is solely for the purpose of checking conflicts when agents are transferring between firms and for establishing confidentiality screens, the disclosure must be accompanied by an undertaking by the new firm to the former firm that it (a) will limit access to the disclosed information; (b) will not use the information for any purpose other than detecting and resolving conflicts; and (c) will return, destroy or store in a secure and confidential manner the information provided once appropriate confidentiality screens are established. The client’s consent to disclosure of such information may be specifically addressed in a retainer agreement between the agent and the client. However, in some circumstances, because of the nature of the retainer, the transferring agent and the new firm may be required to obtain the consent of clients to the disclosure or the disclosure of any other information about the clients. That is especially the case if disclosure would compromise privilege or otherwise prejudice the client (for example, disclosure of the fact that a corporate client is seeking due diligence advice relating to a corporate takeover that has not yet been publicly announced).
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
As a matter related to clients’ interests in maintaining a relationship with the agent of choice and protecting client confidences, agents in different firms may need to disclose limited information to each other to detect and resolve conflicts of interest, such as when an agent is considering an association with another firm, two or more firms are considering a merger or an agent is considering the purchase of a firm.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
In these situations (see subsection 7(1) of Part 3), this section permits agents and firms to disclose limited information. That type of disclosure would only be made once substantive discussions regarding the new relationship have taken place.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
The exchange of information between the firms needs to be carried out in a manner consistent with the obligations of the transferring agent and of the new firm to protect client confidentiality and privileged information and avoid any prejudice to the client. It ordinarily would include no more than the names of the persons involved in a matter or matters. Depending on the circumstances, it may include a brief summary of the general issues involved and information about whether the representation has come to an end.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
The disclosure should be made to as few agents at the new firm as possible, ideally to just one agent of the new firm such as a designated conflicts agent. The information must always be disclosed only to the extent reasonably necessary in order to detect and resolve conflicts of interest that might arise from the possible new relationship.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (a)
As the disclosure is made on the basis that it is solely for the purpose of checking conflicts when agents are transferring between firms and for establishing confidentiality screens, the disclosure must be accompanied by an undertaking by the new firm to the former firm that it (a) will limit access to the disclosed information; (b) will not use the information for any purpose other than detecting and resolving conflicts; and (c) will return, destroy or store in a secure and confidential manner the information provided once appropriate confidentiality screens are established.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (a)
(a) will limit access to the disclosed information;
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (b)
(b) will not use the information for any purpose other than detecting and resolving conflicts; and
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (c)
(c) will return, destroy or store in a secure and confidential manner the information provided once appropriate confidentiality screens are established.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
The client’s consent to disclosure of such information may be specifically addressed in a retainer agreement between the agent and the client. However, in some circumstances, because of the nature of the retainer, the transferring agent and the new firm may be required to obtain the consent of clients to the disclosure or the disclosure of any other information about the clients. That is especially the case if disclosure would compromise privilege or otherwise prejudice the client (for example, disclosure of the fact that a corporate client is seeking due diligence advice relating to a corporate takeover that has not yet been publicly announced).
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 11
11 An agent may disclose confidential information, but must not disclose more information than is required, when they believe on reasonable grounds that there is an imminent risk of death or serious bodily harm to any individual and the disclosure is necessary in order to prevent it.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 12
12 An agent also owes a duty of confidentiality to any person seeking advice or assistance on a matter invoking the agent’s professional knowledge, even if the agent does not render an account or agree to represent that person. An agent and client relationship is often established without formality. An agent must be cautious in accepting confidential information on an informal or preliminary basis, since possession of the information may prevent the agent from subsequently acting for another party in the same matter or a related matter (see Part 3).
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
In each matter, an agent’s judgment and loyalty to the client’s interest must be free from compromising influences.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 1
 relationship may in some circumstances permit exploitation of the client by their agent. If the agent is a member of a firm and concludes that a conflict exists, the conflict is not imputed to the agent’s firm and would be cured if another agent in the firm who is not involved in such a relationship with the client were to handle the client’s work. (d) an agent or their firm acting for a public or private corporation and serving as a director of the corporation; and NOTE : Those two roles may result in a conflict of interest or other problems because they may affect the agent’s independent judgment and fiduciary obligations or obligations of loyalty and good faith in either role or both roles, obscure whether advice is given in one role or the other and disqualify the agent or the firm from acting for the corporation. (e) sole practitioners practising with other agents in cost-sharing or other arrangements and representing clients on opposite sides of a dispute. NOTE : The fact or the appearance of such a conflict may depend on the extent to which the agents’ practices are integrated, physically and administratively.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (a)
eir firm acting for a public or private corporation and serving as a director of the corporation; and NOTE : Those two roles may result in a conflict of interest or other problems because they may affect the agent’s independent judgment and fiduciary obligations or obligations of loyalty and good faith in either role or both roles, obscure whether advice is given in one role or the other and disqualify the agent or the firm from acting for the corporation. (e) sole practitioners practising with other agents in cost-sharing or other arrangements and representing clients on opposite sides of a dispute. NOTE : The fact or the appearance of such a conflict may depend on the extent to which the agents’ practices are integrated, physically and administratively.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
As described in this Code, a conflict of interest exists if there is a substantial risk that an agent’s loyalty to or representation of a client would be materially and adversely affected by the agent’s own interest or the agent’s duties to another client, a former client or any other person. The risk must be more than a mere possibility. There must be a genuine, serious risk to the duty of loyalty or to client representation arising from the retainer. A client’s interests may be seriously prejudiced unless the agent’s judgment and freedom of action on the client’s behalf are as free as possible from conflicts of interest.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
A client must be assured of the agent’s undivided loyalty, free from any material impairment of the agent-client relationship. The relationship may be irreparably damaged if the agent’s representation of one client is directly adverse to another client’s immediate legal interests. A client may legitimately fear that the agent will not pursue the representation out of deference to the other client and an existing client may legitimately feel betrayed by the agent’s representation of a client with adverse interests. The prohibition on acting in such circumstances except with the consent of the clients guards against such outcomes and protects the agent-client relationship.
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 of commitment to the client that prevents them from summarily and unexpectedly dropping a client to circumvent conflict of interest rules. A client may legitimately feel betrayed if an agent ceases to act for the client to avoid a conflict of 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 examine whether a conflict of interest exists not only from the outset but throughout the duration of a mandate because new circumstances or information may establish or reveal a conflict of interest.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (a)
Accordingly, factors for the agent’s consideration in determining whether a conflict of interest exists include (a) the immediacy of the clients’ interests; (b) whether the clients’ interests are directly adverse; (c) the temporal relationship between the matters; (d) the significance of the issue to the immediate and long-term interests of the clients involved; and (e) the clients’ reasonable expectations in retaining the agent for the particular matter or representation.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (a)
(a) the immediacy of the clients’ interests;
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (b)
(b) whether the clients’ interests are directly adverse;
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (c)
(c) the temporal relationship between the matters;
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (d)
(d) the significance of the issue to the immediate and long-term interests of the clients involved; and
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (e)
(e) the clients’ reasonable expectations in retaining the agent for the particular matter or representation.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (a)
The following are examples of conflicts of interest: (a) an agent acting against a person in one matter while representing that person in some other matter; (b) an agent, an associate, a firm partner or a family member having a personal financial interest in a client’s affairs or in a matter in which the agent is requested to act for a client such as a partnership interest in a joint business venture with a client; NOTE : An agent who owns a small number of shares of a publicly traded corporation would not necessarily have a conflict of interest in acting for the corporation because the ownership of those shares may have no adverse influence on the agent’s judgment or loyalty to the client. (c) an agent having a sexual or close personal relationship with a client; NOTE : Such a relationship may conflict with the agent’s duty to provide objective, disinterested professional advice to the client. The relationship may obscure whether certain information was acquired in the course of the agent-client relationship and may jeopardize the client’s right to have all information concerning their affairs held in strict confidence. The relationship may in some circumstances permit exploitation of the client by their agent. If the agent is a member of a firm and concludes that a conflict exists, the conflict is not imputed to the agent’s firm and would be cured if another agent in the firm who is not involved in such a relationship with the client were to handle the client’s work. (d) an agent or their firm acting for a public or private corporation and serving as a director of the corporation; and NOTE : Those two roles may result in a conflict of interest or other problems because they may affect the agent’s independent judgment and fiduciary obligations or obligations of loyalty and good faith in either role or both roles, obscure whether advice is given in one role or the other and disqualify the agent or the firm from acting for the corporation. (e) sole practitioners practising with other agents in cost-sharing or other arrangements and representing clients on opposite sides of a dispute. NOTE : The fact or the appearance of such a conflict may depend on the extent to which the agents’ practices are integrated, physically and administratively.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (a)
(a) an agent acting against a person in one matter while representing that person in some other matter;
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (b)
(b) an agent, an associate, a firm partner or a family member having a personal financial interest in a client’s affairs or in a matter in which the agent is requested to act for a client such as a partnership interest in a joint business venture with a client;
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
NOTE : An agent who owns a small number of shares of a publicly traded corporation would not necessarily have a conflict of interest in acting for the corporation because the ownership of those shares may have no adverse influence on the agent’s judgment or loyalty to 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 who owns a small number of shares of a publicly traded corporation would not necessarily have a conflict of interest in acting for the corporation because the ownership of those shares may have no adverse influence on the agent’s judgment or loyalty to the client.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (c)
(c) an agent having a sexual or close personal relationship with a client;
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
NOTE : Such a relationship may conflict with the agent’s duty to provide objective, disinterested professional advice to the client. The relationship may obscure whether certain information was acquired in the course of the agent-client relationship and may jeopardize the client’s right to have all information concerning their affairs held in strict confidence. The relationship may in some circumstances permit exploitation of the client by their agent. If the agent is a member of a firm and concludes that a conflict exists, the conflict is not imputed to the agent’s firm and would be cured if another agent in the firm who is not involved in such a relationship with the client were to handle the client’s work.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
Such a relationship may conflict with the agent’s duty to provide objective, disinterested professional advice to the client. The relationship may obscure whether certain information was acquired in the course of the agent-client relationship and may jeopardize the client’s right to have all information concerning their affairs held in strict confidence. The relationship may in some circumstances permit exploitation of the client by their agent. If the agent is a member of a firm and concludes that a conflict exists, the conflict is not imputed to the agent’s firm and would be cured if another agent in the firm who is not involved in such a relationship with the client were to handle the client’s work.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (d)
(d) an agent or their firm acting for a public or private corporation and serving as a director of the corporation; and
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
NOTE : Those two roles may result in a conflict of interest or other problems because they may affect the agent’s independent judgment and fiduciary obligations or obligations of loyalty and good faith in either role or both roles, obscure whether advice is given in one role or the other and disqualify the agent or the firm from acting for the corporation.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
Those two roles may result in a conflict of interest or other problems because they may affect the agent’s independent judgment and fiduciary obligations or obligations of loyalty and good faith in either role or both roles, obscure whether advice is given in one role or the other and disqualify the agent or the firm from acting for the corporation.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — (e)
(e) sole practitioners practising with other agents in cost-sharing or other arrangements and representing clients on opposite sides of a dispute.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
NOTE : The fact or the appearance of such a conflict may depend on the extent to which the agents’ practices are integrated, physically and administratively.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
The fact or the appearance of such a conflict may depend on the extent to which the agents’ practices are integrated, physically and administratively.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — 2
2 (1) An agent must not represent a client in a matter if there is a conflict of interest unless there is express or implied consent from all affected clients and the agent reasonably believes that they are able to represent each client without having a material adverse effect upon the representation of or loyalty to the other client. (2) Express consent must be fully informed and voluntary and given after disclosure of the conflict of interest. (3) If consent is not given in writing, the following elements must be present in order for consent to be implied: (a) the client is a government entity, a financial institution, a publicly traded entity or other similar entity or an entity with in-house legal counsel; (b) the matters are unrelated; (c) the agent has no relevant confidential information from one client that might reasonably affect the other; and (d) the client has consented to agents acting for and against it in unrelated matters.
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations — Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
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.