PATENTS REGULATIONS 1991 - REG 20A.18 Decision of Panel of Disciplinary Tribunal

PATENTS REGULATIONS 1991 - REG 20A.18

  (1)   After hearing an application for the cancellation or suspension of the incorporated patent attorney's registration, a Panel of the Disciplinary Tribunal may:

  (a)   cancel the attorney's registration as an incorporated patent attorney; or

  (b)   suspend the attorney's registration as an incorporated patent attorney.

  (2)   The Panel may also impose conditions on the attorney's return to the Register of Patent Attorneys after the cancellation has been lifted or the period of suspension has elapsed.

  (3)   In making a decision under this regulation, the Panel may consider the following:

  (a)   the professional misconduct engaged in;

  (b)   the behaviour of the incorporated patent attorney's officers and employees;

  (c)   whether officers and employees of the incorporated patent attorney had complied with the Code of Conduct;

  (d)   findings made (regardless of when the findings were made) about the conduct of the incorporated attorney in any other proceedings brought before a relevant disciplinary tribunal;

  (e)   findings made (regardless of when the findings were made) about the conduct of the incorporated attorney's employees and officers in any other proceedings brought before a relevant disciplinary tribunal;

  (f)   if the incorporated patent attorney failed, without reasonable excuse, to provide information requested by the Board under subregulation   20A.10(2)--the incorporate patent attorney's failure to provide requested information.

  (4)   In this regulation:

"relevant disciplinary tribunal" means any of the following:

  (a)   the Patents and Trade Marks Attorneys Disciplinary Tribunal established by regulation   20.61 as in force before the commencement of this subregulation;

  (b)   the Trans - Tasman IP Attorneys Disciplinary Tribunal established by regulation   20.61 as in force on the commencement of this subregulation;

  (c)   the Patents and Trade Marks Attorneys Disciplinary Tribunal as continued in force by subregulation   23.42(1) or 23.43(1) of these Regulations or subregulation   22.16(1) or 22.17(1) of the Trade Marks Regulations   1 995 .