Commonwealth Consolidated Regulations

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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)   set out the reasons why the Board considers the incorporated patent attorney's registration should be cancelled or suspended; and

  (c)   be addressed and sent to the President.

  (5)   The Board must give the incorporated patent attorney, as soon as practicable after the application is made to the Disciplinary Tribunal, a copy of the application.

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