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.
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.