ACT ON AUTHORIZED INDUSTRIAL PROPERTY AGENTS 17.1.2014/22  
In accordance with a decision taken by the Parliament, the following is enacted:  
Section 1  
Authorisation  
An agent who handles assignments related to industrial property rights may be granted 
authorisation in accordance with the provisions of this Act.  
Section 2  
Industrial property agent's examination  
The Industrial property Agents Board organises industrial property agent's examinations, 
which consist of:  
1) a common section intended for all p articipants with separate subsections on the industrial 
property rights system and ethical standards for agents;  
2) a section specific to one industrial property right with selective sections focusing on 
patent law, trademark law and design law.  
A certific ate will be issued to candidates who have passed the industrial property agent's 
examination. More specific provisions on the organisation of the industrial property agent's 
examination and the contents of the certificate may be laid down in a government d ecree.  
Section 3  
Participation in an industrial property agent's examination  
Candidates who have handled assignments related to industrial property rights for at least one 
year may take part in the industrial property agent's examination. Candidates who se lect the 
section on patent law shall also have a Master's degree in the field of technology or some 
other suitable higher education degree, and those selecting the section on trademark law or 
design law shall have a Master of Laws degree or some other suit able higher education 
degree.  
The Industrial property Agents Board may grant an exemption on the educational 
requirements laid down in Subsection 1 for candidates who have handled industrial property 
assignments for at least five years and obtained a quali fication that the Board considers 
adequate to prove the candidate's standard of knowledge.  
Section 4  
Register of Industrial property Agent's Examinations  The Industrial property Agents Board shall maintain a register of candidates having sat an 
industrial property agent's examination for the purpose of keeping examination data on file 
and monitoring the effectiveness of the industrial property agent's examination system.  
Data to be saved in the Register of Industrial property Agent's Examinations will consi st of 
the candidate's name, identity number, municipality of residence and address, as well as the 
title of the examination, the candidate's results and the date on which the examination was 
sat. This data will be kept in the register permanently.  
Section 5 
Qualification requirements  
In order to qualify as an authorised agent referred to in this Act, a candidate shall be of age 
and fulfil the following requirements:  
1) they may not be bankrupt, and their legal capacity may not be restricted;  
2) they must b e reliable; and  
3) they must have passed the industrial property agent's examination referred to in Section 2, 
and no more than three years may have elapsed from the date on which the examination was 
sat. 
A person who has by a final judgement been sentenced to imprisonment in the last five years, 
or to a fine in the last three years, for an offence that indicates their obvious unsuitability for 
serving as an authorised agent, shall not be considered reliabl e in the sense referred to in 
Subsection 1(2) above. Neither shall a person be considered reliable if they, by their previous 
actions, have otherwise shown themselves to be obviously unsuitable for serving as an 
authorised agent.  
Section 6  
Procedure for ap plying for and granting authorisation  
If a candidate meets the qualification requirements laid down in Section 5, the Industrial 
property Agents Board shall grant them authorisation. The authorisation is granted for five 
years. The validity of the authoris ation may be extended by five years at a time if the 
candidate continues to meet the requirements laid down in Section 5, Subsection 1(1) and 
1(2) and proves that they have served in the capacity of an authorised agent during the period 
of validity of the authorisation.  
Applications for authorisation shall be submitted to the Industrial property Agents Board. On 
request, documents showing that the requirements referred to in Section 5(1) are met must be 
attached to an application for authorisation. To a not ification concerning the extension of an 
authorisation, documents must be attached to show that the candidate continues to meet the 
requirements referred to in Section 5(1). This notification must be submitted to the Industrial 
property Agents Board at the  earliest six and at the latest three months before the 
authorisation expires.  A certificate of authorisation is issued to the candidate. More specific provisions on the 
contents of the certificate may be laid down in a government decree.  
Section 7  
Right t o use a professional title  
Only agents authorised as described in Section 6 shall be entitled to use the [Finnish and 
Swedish] professional titles of patent agent, trademark agent, design agent and industrial 
property agent.  
It is required that a patent ag ent has passed the section on patent law, a trademark agent has 
passed the section on trademark law, a design agent has passed the section on design law, and 
an industrial property agent has passed the sections on patent law, trademark law and design 
law i n the industrial property agent's examination referred to in Section 2, Subsection 1(2).  
Section 8  
Good professional practice of industrial property agents  
An authorised  agent must handle the industrial property assignments entrusted to them 
honestly and conscientiously, and comply with good professional practice in all of their 
activities. In particular, an authorised agent shall:  
2) handle assignments entrusted to them with care, precision and the requisite 
expeditiousness and without incurring unnecessary costs;  
2) maintain and develop their professional competence and follow the development of 
legislation, in particular regarding those forms of industrial property righ ts in which they 
specialise;  
3) decline to accept an assignment concerning the same matter from two or more clients 
without their consent if the clients' interests or rights in the matter are conflicting, or there is 
an obvious possibility that a conflict of interest may arise.  
Provisions on conduct that is inappropriate or otherwise unfair from the point of view of the 
consumer are also contained in Chapter 2 of the Consumer Protection Act (38/1978).  
Section 9  
Confidentiality  
An authorised agent or their a ssistant shall not without permission disclose a private, family, 
business or professional secret of their client's that has become known to them while 
performing their duties. Also, an authorised  agent or their assistant shall not without 
permission discl ose any other information about their client that has become known to them 
while performing their duties.  
Section 10  Industrial property Agents Board  
The Industrial property Agents Board operates in connection with the Finnish Patent and 
Registration Offic e and is independent in its decision making.  
Section 11  
Appointment and composition of the Industrial property Agents Board  
The Industrial property Agents Board shall be appointed by the Government for three years at 
a time. The Board shall consist of a ch airperson, a vice chairperson and at least five and at 
most nine other members. A proposal on the Board's chairperson and vice chairperson shall 
be given by the Ministry of Employment and the Economy after hearing the Finnish Patent 
and Registration Office . Each member, excluding the chairperson and the vice chairperson, 
shall have a personal deputy.  
The chairperson and the vice chairperson of the Industrial property Agents Board shall have 
extensive knowledge of the industrial property sector, they shall each have a Master's degree 
and at least one of them shall have a Master of Laws degree.  
One member of the Industrial property Agents Board and their deputy shall represent the 
Ministry of Employment and the Economy, and two members and their deputies shal l 
represent the Finnish Patent and Registration Office. Two members and their deputies shall 
be industrial property agents authorised  under this Act. The other members shall have 
thorough knowledge of the industrial property sector and ensure a balanced re presentation of 
expertise in different types of industrial property rights.  
The grounds for the fees paid to the chairperson, vice chairperson and the members of the 
Industrial property Agents Board shall be confirmed by the Ministry of Employment and the 
Economy.  
Section 12  
Operation of the Industrial property Agents Board  
The Industrial property Agents Board shall be quorate when the chairperson of the meeting 
and at least one half of the other members are present. Decisions at Board meetings shall be 
made by a simple majority. In the event of a tie, the Board shall adopt the opinion supported 
by the chairperson.  
In order to discharge its duties, the Industrial property Agents Board may establish one or 
several sub -committees. More specific provisions on p rocessing of matters by the Boardmay 
be laid down in a Government decree.  
When the chairperson, a member or an official of the Industrial property Agents Board is 
discharging their duties under this Act, provisions on criminal liability for acts in office shall 
apply to them. Provisions on liability for damages are laid down in the Tort Liability Act 
(412/1974).  
Section 13  Supervision  
The Industrial property Agents Board shall supervise authorised  agents' compliance with their 
obligations under this Act.  
Notwithstanding confidentiality, an authorised  agent shall submit any documents and 
information required for the exercise of oversight to the Industrial property Agents Board.  
An authorised  agent shall notify the Industrial property Agents Board without del ay of any 
material changes in their qualifications for serving as an agent or other circumstances 
pertaining to their activities as an agent.  
Section 14  
Removal of authorisation  
The Industrial property Agents Board shall remove an agent's authorisation if the agent:  
1) requests for a removal of authorisation in writing;  
2) has not given a notification of extending their authorisation as laid down in Section 6(2); 
or 
3) has failed to pay the supervision fee referred to in Section 19(2) within a reasonable 
period after having been reminded of non -payment.  
If an agent's authorisation has been removed under Subsection 1(2) or 1(3), the authorisation 
can be reinstituted at the a gent's request, provided that the candidate continues to meet the 
requirements laid down in Section 5, Subsection 1(1) and 1(2). Another precondition for the 
reinstitution of authorisation in cases referred to in Subsection 1(2) of this Section is that the  
candidate continues to serve as an agent, and in cases referred to in Subsection 1(3), that the 
candidate has paid the overdue supervision fees within three years of their authorisation 
having been removed.  
Section 15  
Warning and reprimand  
The Industrial property Agents Board may issue a warning to an authorised agent if they 
have:  
1) with negligence or careless action breached this Act or provisions issued by virtue of it; or  
2) breached their duties as an authorised agent.  
In the event that there are mit igating circumstances regarding the actions of an authorised 
agent referred to in Subsection 1, the Industrial property Agents Board may reprimand them.  
Section 16  Cancellation of authorisation  
The Industrial property Agents Board shall cancel authorisation if the agent:  
1) acts dishonestly while carrying out their duties referred to in Section 8, or has otherwise 
deliberately or with gross negligence violated this Act or provisions issued by virtue of it;  
2) despite having received a warning, h as repeatedly breached their duties as an authorised 
agent; or  
3) no longer meets the requirements laid down in Section 5.  
If a shortcoming referred to in Subsection 1(3) can be rectified, the Industrial property Agents 
Board shall, before making a decisio n on cancelling the authorisation, set the agent in 
question a deadline for rectifying the shortcoming.  
When handling a matter that concerns the cancellation of authorisation, the Industrial 
property Agents Board may issue an authorised agent with a warnin g or a reprimand in the 
event that the preconditions for cancelling the authorisation are not met, but the agent's 
actions are reprehensible pursuant to Section 15.  
If authorisation has been cancelled under Subsection 1, a new authorisation may be granted 
once the candidate meets the requirements laid down in Section 5. To an agent whose 
authorisation has been cancelled pursuant to Subsection 1(1) or 1(2), a new authorisation may 
however not be granted before three years have elapsed from the date on which the decision 
to cancel authorisation became final.  
Section 17  
Penal provisions  
A person who, in breach of Section 7 of this Act, deliberately uses the professional title of 
patent agent, trademark agent, design agent or industrial property agent shall be s entenced to 
a fine for unauthorised use of the professional title of an authorised agent.  
Persons guilty of a violation of confidentiality laid down in Section 9  shall be sentenced 
under Chapter 38, Section 1 or 2 of the Criminal Code (39/1889), provided that a more severe 
penalty is not laid down elsewhere in the legislation.  
The court shall send the Industrial property Agents Board a copy of a ruling given in a matter 
referred to in Subsection 1 or 2.  
Section 18  
Register of Agents  
The Industrial property  Agents Board shall keep a Register of Agents of the authorised agents 
for the purpose of supervise the agents' activities and extending their authorisations, and to 
ensure that those in need of industrial property rights services can ascertain whether a v alid 
authorisation exists.  The name, identity number, municipality of residence, address and business address of an 
authorised agent shall be saved in the Register of Agents, as well as data on the industrial 
property agent's examination(s) that the agent has passed and the dates of these examinations, 
the dates on which authorisation was granted and extended, information on a removal of 
authorisation under Section 14(1), and sanctions and penalties imposed on an authorised 
agent under Sections 15 or 16. Th is data will be kept in the register permanently.  
Notwithstanding the provisions in Section 16(3) of the Act on the Openness of Government 
Activities (621/1999), the Industrial property Agents Board may publish the name, 
municipality of residence and busin ess address of an authorised agent online. This 
information must be removed without undue delay if the agent's authorisation has been 
removed under Section 14 or cancelled by a final decision. However, an authorised agent has 
the right to refuse to have th eir information published.  
Section 19  
Fees  
A fee, as laid down in the Act on the fees charged for the services of the Finnish Patent and 
Registration Office (laki patentti - ja rekisterihallituksen suoritteista perittävistä maksuista 
1032/1992) and statutes  given by virtue of it, shall be charged for participation in an 
industrial property agent's examination, entries in the Register of Industrial property Agent's 
Examinations and the Register of Agents, and of granting and extending an authorisation.  
In add ition, the Finnish Patent and Registration Office has the right to charge the agents a 
supervision fee of EUR 250, which will be used to cover the costs of the Industrial property 
Agents Board's activities. The supervision fee must be paid for the year in which the agent is 
granted an authorisation referred to in this Act, and additionally for each calendar year at the 
beginning of which the agent's registration is valid.  
Section 20  
Appeals  
A rectification of a decision made by the Industrial property Agent s Board to deny the right 
to participate in the industrial property agent's examination, to fail a candidate in the 
industrial property agent's examination, or to reject an application for authorisation or a 
notification of extending authorisation referred  to in Section 6(2) may be requested from the 
Board as prescribed in Chapter 7 a of the Administrative Procedure Act (434/2003). A 
decision on a request for rectification may be appealed to the Administrative Court in 
compliance with the provisions in the Administrative Judicial Procedure Act (586/1996). An 
Administrative Court decision may only be appealed by petitioning the Supreme 
Administrative Court if the Supreme Administrative Court grants a leave to appeal.  
Rectification of a decision on the supervision fee made by the Finnish Patent and Registration 
Office may be requested from the Finnish Patent and Registration Office as prescribed in 
Chapter 7 a of the Administrative Procedure Act. A decision on a request  for rectification 
may be appealed to the Helsinki Administrative Court in compliance with the provisions in 
the Administrative Judicial Procedure Act. The Administrative Court decision may only be appealed by petitioning the Supreme Administrative Court i f the Supreme Administrative 
Court grants a leave to appeal.  
A person who has been issued a warning or a reprimand for a reason referred to in Section 15 
or Section 16(3), or whose authorisation has been removed for a reason referred to in Section 
14 Subse ction 1(3) or cancelled for a reason referred to in Section 16(1), may appeal the 
decision to the Market Court as prescribed in the Administrative Judicial Procedure Act. The 
Market Court ruling may be appealed to the Supreme Administrative Court.  
Section 21 
Further provisions  
Further provisions on the manner in which the work of the Industrial property Agents Board 
is arranged may be given in rules of procedure confirmed by the chairperson of the Industrial 
property Agents Board.  
Section 22  
Entry into force  
This Act enters into force on 1 July 2014.  
This Act repeals the Act on patent attorneys (laki patenttiasiamiehistä 552/1967).  
Section 23  
Transitional provisions  
Notwithstanding the provisions in Section 11(3) on appointing members who represent 
autho rised agents to the Industrial property Agents Board, when appointing the Board for the 
first time, two of its members shall be persons handling industrial property assignments and 
represent a balanced distribution of expertise in different industrial prop erty rights.  
A natural person entered in the Patent Agents Register kept by the Finnish Patent and 
Registration Office as this Act enters into force may be authorised even if they have not 
passed the industrial property agent's examination referred to in S ection 2. A natural person 
who has been handling trademark or design rights issues that are within the remit of the 
Finnish Patent and Registration Office for a minimum of two years directly preceding the 
entering into force of this Act may also be authori sed even if they have not passed the 
industrial property agent's examination referred to in Section 2. The authorisation referred to 
in this Subsection must be applied for within one year of the entry into force of this Act 
following the procedure laid dow n in Section 6(2).  
A natural person who has applied for entry in the Patent Agents Register at least three months 
before this Act enters into force, whose application is pending as this Act enters into force 
and who meets the preconditions for registration  valid as this Act enters into force may also 
be authorised even if they have not passed the industrial property agent's examination 
referred to in Section 2. Applications for entry in the Patent Agents Register received by the Finnish Patent and Registrat ion Office in the last three months before this Act enters into 
force will not be examined.  
Notwithstanding the provisions in Section 7, a natural person who is entered in the Patent 
Agents Register kept by the Finnish Patent and Registration Office as thi s Act enters into 
force may use the professional title they are using as this Act enters into force for one year 
after the date on which the Act entered into force. This also applies to natural persons 
handling trademark issues or design rights issues who offer their services under the 
established professional title of a trademark agent or a design agent.