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

Act current to 2020-11-02 and last amended on 2019-06-17. Previous Versions

Disciplinary Proceedings (continued)

The following provision is not in force.

Marginal note:Appeal to Federal Court

 A party to an application may appeal a decision of the Discipline Committee made under section 57 to the Federal Court within 30 days after the day on which the decision is made.

The following provision is not in force.

Marginal note:Filing of decision in Federal Court

  •  (1) The College may file in the Federal Court a certified copy of a final decision of the Discipline Committee made under section 57 that is not subject to appeal.

  • Marginal note:Effect of filing

    (2) On the certified copy being filed, the decision becomes and may be enforced as an order of the Federal Court.

The following provision is not in force.

Marginal note:Suspension lifted if conditions met

  •  (1) If the Discipline Committee suspends a licence under paragraph 57(3)(c) until specified conditions are met, the Committee must, on application by the licensee, lift the suspension if the Committee is satisfied that the conditions are met.

  • Marginal note:Ex parte application

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

  • Marginal note:Notice to Registrar

    (3) The Discipline Committee must provide written notice to the Registrar as soon as feasible after it lifts the suspension.

  • Marginal note:Revocation by Registrar

    (4) The Registrar may, at any time after the second anniversary of the day on which a licence is suspended under paragraph 57(3)(c) until specified conditions are met and after giving at least 30 days’ written notice to the licensee, revoke the licence if the suspension has not been lifted under subsection (1).

  • Marginal note:Notification

    (5) The Registrar must notify the licensee in writing as soon as feasible after their licence is revoked.

The following provision is not in force.

Marginal note:Amounts paid as penalty

 Amounts paid to the College as a penalty under paragraph 57(3)(f) may be expended only for the purpose of supporting the mental health of licensees.

Marginal note:Rules of procedure

 The Discipline Committee may make rules respecting the practice and procedure before it and rules for carrying out its work and for the management of its internal affairs.

Confidentiality

The following provision is not in force.

Marginal note:No waiver

 For greater certainty, the disclosure of privileged information to the College, including to the Investigations Committee or to the Discipline Committee, or to an investigator does not constitute a waiver of the privilege.

The following provision is not in force.

Marginal note:No disclosure

  •  (1) Subject to subsection (2), the following persons must not disclose a complaint received by the College or any privileged or confidential information obtained in the course of an investigation or proceeding under this Act:

    • (a) a current or former director of the Board;

    • (b) a current or former member of the Investigations Committee or of the Discipline Committee;

    • (c) the Registrar or a former Registrar;

    • (d) a current or former investigator;

    • (e) a current or former officer, employee, agent or mandatary of the College;

    • (f) a person who is or has been engaged by the College.

  • Marginal note:Exceptions

    (2) A person referred to in subsection (1) may disclose a complaint or information referred to in that subsection if

    • (a) the disclosure is for the purpose of permitting the exercise of powers or the performance of duties or functions under this Act, including in connection with a proceeding under this Act;

    • (b) the information is available to the public;

    • (c) the disclosure is to the person’s legal counsel;

    • (d) the person has obtained the written consent of all persons whose rights or interests might reasonably be affected by the disclosure; or

    • (e) there are reasonable grounds to believe that

      • (i) there is a significant risk of harm to any person if the disclosure is not made, and

      • (ii) making the disclosure is likely to reduce the risk.

  • Marginal note:Testimony and production

    (3) A person referred to in subsection (1) is not required, in any proceeding other than a proceeding under this Act,

    • (a) to give testimony on a complaint received by the College or on any privileged or confidential information that the person is prohibited from disclosing under that subsection; or

    • (b) to produce such a complaint or any document or other thing that contains any such privileged or confidential information.

The following provision is not in force.

Marginal note:Application for order authorizing disclosure

  •  (1) The College may apply to the Federal Court for an order authorizing the disclosure of confidential information that would be prohibited by section 65 to a law enforcement agency or other public authority.

  • Marginal note:Limitation

    (2) The Court must not make an order if the information is privileged or if it was obtained by the College as a result of a person making, in the course of an investigation or proceeding under this Act, an oral or written statement that may tend to incriminate the person.

  • Marginal note:Documents and other things

    (3) An order that authorizes the disclosure of information may also authorize the delivery of documents or other things that are in the possession of the College and that relate to the information.

Prohibitions and Offences

The following provision is not in force.

Marginal note:Claiming to be patent agent

 A person, other than a patent agent whose licence is not suspended, must not

  • (a) use the title “patent agent” or a variation or abbreviation of that title, or any words, name or designation, in a manner that leads to a reasonable belief that the person is a patent agent; or

  • (b) represent themselves, in any way or by any means, to be a patent agent.

The following provision is not in force.

Marginal note:Claiming to be trademark agent

 A person, other than a trademark agent whose licence is not suspended, must not

  • (a) use the title “trademark agent” or a variation or abbreviation of that title, or any words, name or designation, in a manner that leads to a reasonable belief that the person is a trademark agent; or

  • (b) represent themselves, in any way or by any means, to be a trademark agent.

  • 2018, c. 27, s. 247 “68”
  • 2014, c. 20, s. 366(E)
The following provision is not in force.

Marginal note:Offence and punishment — section 67 or 68

  •  (1) Every person who contravenes section 67 or 68 is guilty of an offence and liable on summary conviction to a fine of not more than

    • (a) $25,000 for a first offence; and

    • (b) $50,000 for a second or subsequent offence.

  • Marginal note:Imprisonment precluded

    (2) If a person is convicted of an offence under subsection (1), no imprisonment is to be imposed as punishment for the offence or in default of payment of any fine imposed as punishment in relation to the offence.

  • Marginal note:Due diligence

    (3) A person is not to be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.

The following provision is not in force.

Marginal note:Unauthorized representation before Patent Office

  •  (1) Subject to subsection (2) and the regulations, a person must not represent another person in the presentation and prosecution of applications for patents or in other business before the Patent Office.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to a patent agent whose licence is not suspended, to legal counsel who is providing legal services as authorized by law or to a person who is part of a class of persons exempted under the regulations.

 
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