Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p55
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 55/73)
Character Range: 290760–293791

day; and
 (b) that has not asked the Designated Manager, under regulation 20A.6, to remove its name from the Register of Patent Attorneys.

Part 4—Removal from Register of Patent Attorneys

20A.6  Voluntary removal of name from Register of Patent Attorneys
  If a patent attorney director of a registered incorporated patent attorney asks the Designated Manager, in writing, to remove the name of the registered incorporated patent attorney from the Register of Patent Attorneys, the Designated Manager must comply with the request.

20A.7  Failure to pay annual registration fee
  If a registered incorporated patent attorney does not pay the annual registration fee by 31 July in the year the fee is payable, the Designated Manager must:
 (a) remove the name of the incorporated patent attorney from the Register of Patent Attorneys; and
 (b) notify, in writing, the attorney of the removal.

20A.8  Failure to maintain professional indemnity insurance
 (1) If an incorporated patent attorney does not maintain adequate and appropriate professional indemnity insurance, the Designated Manager may remove the name of the attorney from the Register of Patent Attorneys.
 (2) If the Designated Manager removes the name of the incorporated patent attorney from the Register of Patent Attorneys, the Designated Manager must notify, in writing, the attorney of the removal.

Part 5—Discipline

Division 1—General

20A.9  Definitions
  In this Part:
former attorney means a person whose registration as an incorporated patent attorney has been suspended or cancelled under this Part.

20A.10  Board may apply for cancellation or suspension of incorporated patent attorney's registration
 (1) The Board may apply to the Disciplinary Tribunal to cancel or suspend an incorporated patent attorney's registration if:
 (a) a registered patent attorney who is, or was, an employee or officer of the incorporated patent attorney has, at any time, been found guilty of professional misconduct under subregulation 20.43(1); and
 (b) the professional misconduct occurred when the registered patent attorney was an employee or officer of the incorporated patent attorney; and
 (c) the patent attorney's registration was cancelled or suspended under subregulation 20.44(1) because he or she was found guilty of professional misconduct.
 (2) Before applying to the Disciplinary Tribunal, the Board may request the incorporated patent attorney to provide the Board with information relating to the professional misconduct.
 (3) In deciding whether to apply to the Disciplinary Tribunal, the Board may consider the following:
 (a) the professional misconduct engaged in by the registered patent attorney;
 (b) the behaviour of the incorporated patent attorney's officers and employees;
 (c) whether officers and employees of the incorporated patent attorney have complied with the Code of Conduct;
 (d) any information provided under subregulation (2).
 (4) An application by the Board to the Disciplinary Tribunal must:
 (a) be in writing; and
 (b)