By-laws of the College of Patent Agents and Trademark Agents (College) (SOR/2021-167)

Marginal note:Reinstatement of class

• 28 (1) A class 2 licensee may apply to the Registrar to be reinstated as a class 1 licensee if they

  • (a) meet the applicable requirements under paragraphs 23(d) to (f);

  • (b) pay to the College the fee set out in item 7 of the schedule; and

  • (c) demonstrate that they will, as of the effective date of the class 1 licence, be insured against professional liability, as required under subsection 34(1) of the Act, or that they will be exempt from that requirement.

• Marginal note:Review of request

  (2) Upon receipt of an application, the Registrar may

  • (a) require the applicant to provide additional information that is useful for the consideration of the request; or

  • (b) require the applicant to demonstrate that they have complied with any continuing professional development requirements.

• Marginal note:Registrar’s decision

  (3) The Registrar must either

  • (a) reinstate the applicant as a class 1 licensee if they meet the requirements or if the Registrar determines it is in the public interest, reinstate the licensee with restrictions; or

  • (b) refuse to reinstate the applicant’s licence if they do not satisfy the requirements or it is in the public interest to do so.

Transitional provisions

Marginal note:Deemed to be under supervision — patent agent

• 29 (1) For the purposes of paragraph 11(b), for a period of one year from the coming into force of these By-laws, a class 3 patent agent licensee is deemed to be supervised by a class 1 patent agent licensee if they are being supervised by an individual who is responsible for a legal clinic associated with a Canadian faculty of law.

• Marginal note:Deemed to be under supervision — trademark agent

  (2) For the purposes of paragraph 14(b), for a period of one year from the coming into force of these By-laws, a class 3 trademark agent licensee is deemed to be supervised by a class 1 trademark agent licensee if they are being supervised by an individual who is responsible for a legal clinic associated with a Canadian faculty of law.

Coming into Force

Footnote ^*30 These By-laws come into force on the day on which paragraph 76(1)(c) of the College of Patent Agents and Trademark Agents Act, section 247 of chapter 27 of the Statutes of Canada, 2018, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

• Return to footnote ^*[Note: By-laws in force June 28, 2021, see SI/2021-30.]