Unauthorized Practice
Individuals who are not licensed with CPATA and represent themselves as patent agents or trademark agents, or who offer services only agents are permitted to undertake in accordance with the Patent Act or Trademarks Act, are engaging in unauthorized practice. The CPATA Act (ss. 67 – 71) provides that any person, other than an agent in good standing, must not use the titles ‘patent agent’ or ‘trademark agent’ or any variation of those titles in any manner that leads to a reasonable belief that the person is an agent.
Fraud
Occasionally, members of the public are targeted in deliberate phishing attempts by fraudulent individuals and companies. These scams are becoming more frequent and both licensees and IP rights holders should exercise caution.
If you receive an e-mail about your intellectual property, as mentioned in this BBB article, you should:
- be wary of ‘urgent’ e-mails you don’t expect from a source you don’t know, especially those requesting financial information;
- review this information from the Canadian Intellectual Property Office about scam notices;
- consider whether the email address of the sender seems legitimate;
- verify if the name used appears as a registered agent in CPATA’s Public Register;
- look up online the information provided in the email and see if others have experienced problems;
- reach out to your agent with questions or concerns about communications you receive instead of responding directly to them; and
- never give personal, business or financial information to a stranger.
Notices
November 4, 2024: Trademark Scam Circulating – CPATA Advises Public Caution
August 1, 2024: Scam Alert – Fraudulent Notices Related to Patents and Trademarks
CPATA’s Role
CPATA takes a risk-focused, proportional and, where necessary in the public interest, escalated approach to responding to concerns about unauthorized practice. Responses can range from educational communications in cases of inadvertent lack of due diligence, to warnings and requests for rectification, to seeking Court Orders to prevent ongoing misrepresentations and harm.
Under the CPATA Act, CPATA can take actions to protect the public where demonstrable harm exists as a result of unauthorized practice. This includes by way of summary convictions and fines up to $50,000.
Anyone who believes that someone is misrepresenting themselves as an agent or is acting in nefarious, fraudulent ways should notify CPATA by filling in the form below.