Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p39
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 39/73)
Character Range: 251014–253893

20.31  Restoring attorney's name to Register of Patent Attorneys in other circumstances
 (1) A person who has been a registered patent attorney, and to whom regulation 20.29 or 20.30 does not apply, may apply to the Designated Manager to have his or her name restored to the Register of Patent Attorneys.
 (2) An application under subsection (1) must be in a form approved by the Designated Manager.
 (3) An application under subsection (1) must be accompanied by the following:
 (a) evidence that the Board is satisfied with the currency of the person's knowledge of intellectual property law and practice;
 (b) a declaration, by the applicant, that he or she:
 (i) has not, in the 5 years preceding the application, committed an offence prescribed by subregulation 20.12(1); and
 (ii) is not under sentence of imprisonment for an offence prescribed by subregulation 20.12(2);
 (c) a declaration, by another person, that the person is of good fame, integrity and character;
 (d) a fee that is the sum of the fee mentioned in item 105 or 106 of Schedule 7, whichever is applicable, and the fee mentioned in item 107 of Schedule 7.
 (4) A declaration under paragraph (3)(c) must contain details of the basis of the opinion that the applicant is of good fame, integrity and character

Part 8—Discipline

Division 1—General

20.32  Definitions
  In this Part:
conduct includes an act and an omission.
former attorney means a person whose registration as a patent attorney has been suspended or cancelled under this Part.
professional misconduct means:
 (a) unsatisfactory professional conduct that involves a substantial or consistent failure to reach reasonable standards of competence and diligence; or
 (b) any other conduct, whether occurring in connection with practice as an attorney or otherwise, that shows that the attorney is not of good fame, integrity and character; or
 (c) any contravention of a law that is declared by these Regulations to be professional misconduct.
unsatisfactory professional conduct includes conduct, in connection with practice as a registered patent attorney, that falls short of the standard of competence, diligence and behaviour that a member of the public is entitled to expect of an attorney.

20.33  Role of Board in disciplinary proceedings
 (1) The Board has the sole responsibility for commencing and conducting disciplinary proceedings against a registered patent attorney.
 (2) The role of the Board in commencing disciplinary proceedings includes investigating, either as a result of information received or of its own motion, whether:
 (a) a registered patent attorney has been engaged in:
 (i) professional misconduct; or
 (ii) unsatisfactory professional conduct; or
 (b) at the time of his or her registration, a registered patent attorney did not hold either or both of the following:
 (i) the academic qualifications mentioned