In April 2024, CPATA will hold an election for one patent agent and one trademark agent to serve on the Board of Directors. Licensees who are interested in helping strengthen CPATA as a modern, risk-based public interest regulator are encouraged to consider the position.
Elected directors employ their experience in the patent agent and trademark agent professions to complement the perspectives of non-licensee appointed directors. Although elected by their peers, elected Directors serve as fiduciaries of CPATA and maintain an consistent focus on the public interest. Directors are offered financial compensation for their time and expertise. Elected licensees will begin their term at CPATA’s Annual General Meeting on June 13, 2024 for a three year term.
Anyone interested in running in the Director election must attend an online candidate orientation session.
Expectations of Directors
Board members:
- help continue to build a new, world-class, modern public interest regulator
- act as a fiduciary to CPATA and in accordance with CPATA’s policies and Director Code of Conduct
- contribute insightful perspectives derived from their practice experience, background and personal qualities
- use their experience in the profession to complement the perspectives of non-licensee directors
- are elected to serve for a specified period of three years
- participate in mostly virtual public meetings approximately every quarter, two in-person meetings per year, and additional meetings as may be required
- provide high-level strategic direction but are not involved in managing day-to-day operations
Eligibility
The CPATA Act establishes eligibility requirements to run in a CPATA election.
Section 14 provides that an individual is not eligible to be appointed or elected as a director if they
- are less than 18 years of age;
- have the status of a bankrupt;
- are a member of an association whose primary purpose is to represent the interests of persons who provide advice on patents or trademarks (i.e. IPIC);
- were, within the preceding 12 months, a member of a governing body or a steeringcommittee of an association referred to in paragraph (c);
- in the case of an appointment to the Board,
- are a licensee, or
- are employed by a department, as defined in section 2 of the Financial Administration Act; or
- in the case of election to the Board,
- have a license that is suspended, or
- meet any other ineligibility criteria set out in the by-laws.
By-law 13 sets out additional ineligibility requirements as follows:
For purposes of subparagraphs 14(f)(ii) and 17(h)(iii) of the Act, an individual is not eligible to be an elected director if
- in the five years immediately before the day of the election, they have been found to have committed professional misconduct or to be incompetent by the Discipline Committee;
- in the five years immediately before the day of the election, they have been found by a professional regulatory body to have committed professional misconduct or to be incompetent within the meaning of the statute under which the body made its finding;
- they are the subject of an action taken by the Investigations Committee under subsection 37.1(1) of the Act;
- they are the subject of an application to the Discipline Committee by the Investigations Committee under subsection 49(1) of the Act;
- they have already served as a director for a period of six years and, on the date of the election, less than two years have elapsed since the end of that period;
- they are employed by a department as defined in section 2 of the Financial Administration Act;
- they have not provided the CEO with a declaration regarding conflicts of interest; or
- they have not attended an orientation for prospective candidates for election.
Eligible directors are required under the By-laws to attend the candidate orientation session and to meet any procedural requirements set for the election process.
The Election Process
Candidate Orientation Session
Anyone interested in running in the Director election must attend an online candidate orientation session on Monday, February 12. Those who are unable to attend must e-mail info@cpata-cabamc.ca to access the recording.
English: 12 – 12:30 p.m. ET. – Slides
French: 1 – 1:30 p.m. ET. – Slides
Nominations
Starting on February 15, 2024, any licensee will be able to nominate a candidate for election by filling out the nomination form and e-mailing it to ceo-dir@cpata-cabamc.ca. The deadline to submit a nomination is March 8, 2024.
Candidate Information
Candidates may provide a description of their interest in the position and qualifications (recommended length – 500 words), as well as a head and shoulders photograph and contact information, which will be published on CPATA’s website. Submissions should be made to info@cpata-cabamc.ca in French and English by March 8, 2024.
Elections
Elections will be held electronically from 8:00 am ET on April 22, 2024, to 5:00 pm ET on Thursday, April 25, 2024.
All licensees who are not suspended are eligible to vote. Each eligible licensee will receive a ballot, or an electronic message connected to a ballot, that lists only the candidates for whom the licensee may vote. Trademark agents will vote for those seeking a director position reserved for trademark agents (the trademark election). Patent agents will vote for those seeking a director position reserved for patent agents (the patent election). Licensees who are both patent and trademark agents may vote in both elections.
Results
The results will indicate the number of eligible voters for each Director position, the name of the candidate, the number of votes for each candidate, and the names of candidates elected. The mandate of elected licensees will begin at CPATA’s Annual General Meeting on June 13, 2024.
Election Commissioner
Pursuant to CPATA’s By-laws, the Board must appoint an Election Commissioner, on the recommendation of the CEO, to address any issues that arise concerning the election process. The Board appointed Enrico A. Scichilone at its December 14, 2023 meeting, to serve in this role for the 2024 elections.
Questions
For any questions, please contact us.
