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

Marginal note:Remuneration

18 The College may pay to the directors the remuneration and expenses that are determined in accordance with the by-laws.

Marginal note:Chairperson

• 19 (1) The Chairperson is to be elected by the Board from among the directors in accordance with the by-laws.

• Marginal note:Duties

  (2) The Chairperson presides over meetings of the Board and performs any other duties that are assigned to the Chairperson by the by-laws.

• Marginal note:Removal

  (3) The Board may remove the Chairperson in accordance with the by-laws.

Marginal note:Meetings

• 20 (1) The Board must hold a meeting at least once every calendar year.

• Marginal note:Open to public

  (2) Subject to the by-laws, meetings of the Board are open to the public.

Marginal note:Power to act on College’s behalf

20.1 For the purposes of this Act, the Board may act on the College’s behalf and may, by by-law, authorize the College’s directors, the members of its committees, the Registrar, the investigators and any officers or employees of the College to act on behalf of the College.

Committees, Registrar and Chief Executive Officer

Marginal note:Investigations Committee and Discipline Committee

• 21 (1) Two committees of the College are established, to be known as the Investigations Committee and the Discipline Committee.

• Marginal note:Appointment

  (2) The members of each committee are to be appointed by the Board in accordance with the regulations.

• Marginal note:Limitation

  (3) An individual is not permitted to be a member of either committee if

  • (a) they are a member of an association whose primary purpose is to represent the interests of persons who provide advice on patents or trademarks; or

  • (b) they are a member of a governing body or a committee of an association referred to in paragraph (a).

• Marginal note:Limitation

  (4) An individual is not permitted to be a member of the Discipline Committee and the Investigations Committee at the same time.

Marginal note:Registrar

• 22 (1) The Board must appoint a Registrar of the College, who is responsible for the Register of Patent Agents and the Register of Trademark Agents.

• Marginal note:Delegation

  (2) Subject to the regulations, the Registrar may delegate any of the powers, duties and functions conferred on the Registrar under this Act.

Marginal note:Chief Executive Officer

23 The Board may appoint a Chief Executive Officer, who is responsible for the College’s day-to-day operations.

Immunity

Marginal note:Responsibility for damages — directors and others

23.1 No action or other proceeding for damages lies or may be instituted against any of the following persons for anything done or omitted to be done in good faith in the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function, conferred on that person under the Act:

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

• (b) a current or former member of a committee of the College;

• (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; and

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

Marginal note:Right of indemnification

23.2 The College must indemnify the persons referred to in section 23.1 against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred by them in respect of any civil, criminal, administrative or other proceeding in which they are involved for anything done or omitted to be done in good faith in the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function, conferred on that person under the Act.

Marginal note:Responsibility for damages — complainant or others

23.3 No action or other proceeding for damages lies or may be instituted against a person for disclosing any information or document to the College or to an investigator in good faith, or for making a complaint about a licensee to the College in good faith.

Powers of Minister and Report

Marginal note:Powers of Minister

• 24 (1) The Minister may

  • (a) review the Board’s activities and require the Board to provide reports and information, other than privileged information, to the Minister; or

  • (b) require the Board to do anything — including to make, amend or repeal a regulation or by-law — that, in the Minister’s opinion, is advisable to carry out the purposes of this Act.

• Marginal note:Deemed best interests

  (2) Compliance by a director of the Board with a requirement of the Minister is deemed to be in the best interests of the College.

Marginal note:Annual report

• 25 (1) On or before March 31 of each year, the College must submit to the Minister a report on the College’s activities during the preceding calendar year.

• Marginal note:Tabling report

  (2) The Minister must cause a copy of the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the Minister receives it.

Licensees

Patent Agents

Marginal note:Patent agent licence

• 26 (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

27 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

• 28 (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

• 29 (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

30 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

• 31 (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.