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College of Patent Agents and Trademark Agents Act (S.C. 2018, c. 27, s. 247)

Act current to 2022-06-20 and last amended on 2021-06-28. Previous Versions

Licensees

Patent Agents

Marginal note:Patent agent licence

  •  (1) On application, the Registrar must issue a patent agent licence to an individual who meets the requirements under the regulations.

  • Marginal note:Patent agent in training licence

    (2) On application, the Registrar must issue a patent agent in training licence to an individual who meets the requirements under the regulations.

  • Marginal note:Conditions

    (3) A licence issued under this section is subject to any conditions imposed under this Act.

Marginal note:Representation before Patent Office

 Subject to any restrictions imposed under this Act, a patent agent whose licence is not suspended is entitled to represent persons in the presentation and prosecution of applications for patents or in other business before the Patent Office.

Marginal note:Register

  •  (1) The Register of Patent Agents must include the following information:

    • (a) the name and contact information of every patent agent and the name and contact information of any firm of which the patent agent is a member;

    • (b) for every patent agent, any conditions that are imposed on their licence under this Act and any restrictions that are imposed under this Act on their entitlement to provide representation;

    • (c) in the case of a patent agent whose licence is suspended, an indication that their licence is suspended and the date on which it was suspended;

    • (d) for every patent agent, all disciplinary measures imposed on them by the Discipline Committee;

    • (e) the name of every individual whose patent agent licence or patent agent in training licence was surrendered or revoked; and

    • (f) any other information required by the regulations or by-laws.

  • Marginal note:Updated information

    (2) The Registrar must ensure that the information included in the Register is updated in a timely manner.

  • Marginal note:Available to public

    (3) The Register must be made available to the public on the College’s website in a searchable format.

  • Marginal note:Information for Commissioner of Patents

    (4) The Registrar must provide the Commissioner of Patents, within the time and in the form and manner that are specified by the Commissioner, with the most recent information referred to in paragraph (1)(a), other than information relating to a patent agent whose licence is suspended.

Trademark Agents

Marginal note:Trademark agent licence

  •  (1) On application, the Registrar must issue a trademark agent licence to an individual who meets the requirements under the regulations.

  • Marginal note:Trademark agent in training licence

    (2) On application, the Registrar must issue a trademark agent in training licence to an individual who meets the requirements under the regulations.

  • Marginal note:Conditions

    (3) A licence issued under this section is subject to any conditions imposed under this Act.

Marginal note:Representation before Office of the Registrar of Trademarks

 Subject to any restrictions imposed under this Act, a trademark agent whose licence is not suspended is entitled to represent persons in the presentation and prosecution of applications for the registration of trademarks or in other business before the Office of the Registrar of Trademarks.

Marginal note:Register

  •  (1) The Register of Trademark Agents must include the following information:

    • (a) the name and contact information of every trademark agent and the name and contact information of any firm of which the trademark agent is a member;

    • (b) for every trademark agent, any conditions that are imposed on their licence under this Act and any restrictions that are imposed under this Act on their entitlement to provide representation;

    • (c) in the case of a trademark agent whose licence is suspended, an indication that their licence is suspended and the date on which it was suspended;

    • (d) for every trademark agent, all disciplinary measures imposed on them by the Discipline Committee;

    • (e) the name of every individual whose trademark agent licence or trademark agent in training licence was surrendered or revoked; and

    • (f) any other information required by the regulations or by-laws.

  • Marginal note:Updated information

    (2) The Registrar must ensure that the information included in the Register is updated in a timely manner.

  • Marginal note:Register available to public

    (3) The Register must be made available to the public on the College’s website in a searchable format.

  • Marginal note:Information for Registrar of Trademarks

    (4) The Registrar must provide the Registrar of Trademarks, within the time and in the form and manner that are specified by the Registrar of Trademarks, with the most recent information referred to in paragraph (1)(a), other than information relating to a trademark agent whose licence is suspended.

Obligations

Marginal note:Standards of professional conduct and competence

 A licensee must meet the standards of professional conduct and competence that are established by the code of professional conduct. A licensee who fails to meet those standards commits professional misconduct or is incompetent.

Marginal note:Code of professional conduct

  •  (1) The Minister must, by regulation, establish a code of professional conduct for licensees.

  • Marginal note:Amendment or repeal

    (2) Only the Board may, by regulation and with the Minister’s prior written approval, amend or repeal the regulations establishing the code.

Marginal note:Professional liability insurance

  •  (1) Subject to subsections (2) and (3), a licensee must be insured against professional liability.

  • Marginal note:Exception — employee of Her Majesty

    (2) A licensee who is employed by Her Majesty in right of Canada or a province, or by an agent of Her Majesty in right of Canada or an agent or mandatary of Her Majesty in right of a province, is not required to be insured against professional liability for work done as a licensee within the scope of that employment.

  • Marginal note:Exception — by-laws

    (3) A licensee may be exempted by the by-laws from the application of subsection (1).

Suspension, Revocation and Surrender of Licences

Marginal note:Suspension

  •  (1) The Registrar may, in accordance with the by-laws, suspend a licence if the licensee fails to

    • (a) pay the annual fee in accordance with the by-laws;

    • (b) pay, within the time and in the manner provided for under this Act, any other fee or amount that the licensee is required to pay under this Act;

    • (c) provide any information or document in accordance with the by-laws;

    • (d) comply with any requirement that is imposed by the by-laws with respect to continuing professional development;

    • (e) comply with a condition of their licence that is imposed under this Act;

    • (f) comply with any requirement with respect to professional liability insurance that is imposed under this Act; or

    • (g) comply with any other requirement that is imposed under the by-laws.

  • Marginal note:Notification

    (2) The Registrar must notify a licensee in writing if their licence is suspended under this section.

  • Marginal note:Length of suspension

    (3) A licence is suspended under this section until the licensee complies with the requirements set out in the by-laws to address the failure that led to the suspension or until the licence is revoked by the Registrar under subsection (4).

  • Marginal note:Revocation

    (4) The Registrar may, in accordance with the by-laws, revoke a suspended licence if it has been suspended under this section for the applicable period of time that is specified in the by-laws.

Marginal note:Surrender of licence

 The Registrar may, in accordance with by-laws, approve the surrender of a licence on application by a licensee made in accordance with the by-laws.

Investigations

Duty to Investigate

Marginal note:Investigation

 The Investigations Committee must, on the basis of a complaint or on its own initiative, conduct an investigation into a licensee’s conduct and activities if it has reasonable grounds to believe that the licensee has committed professional misconduct or was incompetent.

Marginal note:Notice to licensee

 The Investigations Committee must give notice, before the conclusion of the investigation and in accordance with the by-laws, of the nature of an investigation to the licensee who is its subject and give the licensee a period of at least 30 days after the date of the notice within which they may make written representations to the Committee.

Complaints

Marginal note:Consideration of complaints

 The Investigations Committee must consider all complaints received by the College that, in the opinion of the Committee, relate to professional misconduct or incompetence by a licensee.

Marginal note:Conclusion of consideration

  •  (1) If, after considering a complaint, the Investigations Committee does not have reasonable grounds to believe that the licensee has committed professional misconduct or was incompetent, the Committee must dismiss the complaint and notify the complainant in writing of the dismissal and the reasons for it.

  • Marginal note:Limitation

    (2) The Investigations Committee is not permitted to disclose privileged information in its notice to the complainant.

Marginal note:Referral

 With the complainant’s consent, the Investigations Committee may refer a complaint that it has dismissed to a body that has a statutory duty to regulate a profession.

Conduct of Investigation

Marginal note:Investigator

  •  (1) The Investigations Committee may designate an individual as an investigator to conduct an investigation under the Committee’s direction.

  • Marginal note:Revocation

    (2) The Investigations Committee may revoke the designation.

Marginal note:Powers of investigator

  •  (1) For the purpose of investigating a licensee’s conduct and activities, an investigator may

    • (a) subject to subsection (3), enter the licensee’s business premises at any reasonable time and require the production of any document or other thing that is relevant to the investigation, and examine or copy the document or thing or remove it for examination or copying; and

    • (b) require the licensee, or a business partner or employee of the licensee or any person employed by the same employer as the licensee, to provide any information that is relevant to the investigation.

  • Marginal note:Privileged information

    (2) An investigator may take any action under subsection (1) with respect to any privileged information, including privileged information contained in a document or other thing, unless the information

    • (a) is subject to litigation privilege or solicitor-client privilege or the professional secrecy of advocates and notaries;

    • (b) is not protected by the privilege set out in section 16.1 of the Patent Act or section 51.13 of the Trademarks Act; and

    • (c) is not related to a patent, a trademark, a geographical indication or a mark referred to in paragraph 9(1)(e), (i), (i.1), (i.3), (n) or (n.1) of the Trademarks Act.

  • Marginal note:Warrant to enter dwelling-house

    (3) If the licensee’s business premises are in a dwelling-house, the investigator may enter them only with the occupant’s consent or under the authority of a warrant issued under section 44.

  • Marginal note:Receipt

    (4) An investigator may remove a document or other thing from business premises under paragraph (1)(a) only if the investigator gives a person who appears to be in control of the premises a receipt for the document or thing.

Marginal note:Warrant

  •  (1) On the application of an investigator, the Federal Court may issue a warrant authorizing an investigator to do anything set out in subsection (2) if the Court is satisfied by information on oath that

    • (a) there are reasonable grounds to believe that a licensee has committed professional misconduct or was incompetent;

    • (b) there are reasonable grounds to believe that there are documents or things in a place, including a dwelling-house, that are relevant to an investigation into the licensee’s conduct or activities; and

    • (c) the warrant is necessary because

      • (i) there are reasonable grounds to believe that the matter is urgent and that it would be impractical to carry out the investigation using only other investigative procedures,

      • (ii) there are reasonable grounds to believe that the powers conferred by section 43 have been or are likely to be ineffective,

      • (iii) there are reasonable grounds to believe that information in the documents or other things meets all the conditions set out in paragraphs 43(2)(a) to (c), or

      • (iv) section 43 does not authorize the investigator to enter the place.

  • Marginal note:Powers

    (2) A warrant may authorize an investigator, subject to any conditions set out in the warrant, to

    • (a) enter and search the place referred to in paragraph (1)(b);

    • (b) examine or copy any document or other thing that is relevant to the investigation and that is in the place, including any document or thing that contains information that is privileged; and

    • (c) remove from the place any document or other thing that is relevant to the investigation, including any document or thing that contains information that is privileged.

  • Marginal note:Receipt

    (3) An investigator who removes a document or other thing from a place under the warrant must give a receipt for the document or thing to a person who appears to be in control of the place.

  • Marginal note:Use of force

    (4) In executing a warrant, an investigator may use force only if they are named in the warrant, are expressly authorized by it to use force and are accompanied by a peace officer.

  • Marginal note:Ex parte application

    (5) An application under subsection (1) may be made ex parte.

 
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