Ethical Analyses and Guidance
CPATA has developed the following resources for licensees in the form of Ethics Analyses pieces based on submitted questions on a de-identified basis. These demonstrate the application of the Code of Professional Conduct in real life scenarios and proactively give licensees access to ethical advice.
Code of Professional Conduct
The CPATA Act (s. 32) provides that all licensees must meet the standards of professional conduct and competence established by the Code of Professional Conduct for Patent Agents and Trademark Agents (the “Code”), established under s. 33(1) by the Minister and that came into force in June 2021. The Code encompasses the standards established by the Fundamental Canon, Principles, Rules and Commentaries that collectively set standards for competent and ethical practice by licensees, and provide aspirational guidance in support of best practices in the public interest.
Code of Professional ConductFile Transfer
Topics: Withdrawal/Transfer/Change of Status, Communications
Situation: You are an agent leaving your firm to pursue an opportunity with another employer. ... Read More
Fees, Disbursement, foreign agents
Topics: Withdrawal/Transfer/Change of Status, Communications
The Code of Professional Conduct provides ethical rules for the conduct of licensees, which range ... Read More
Withdrawal of services on surrender of license
Topics: Withdrawal/Transfer/Change of Status, Communications
The following analysis applies where a licensee is surrendering their licence because they are unable ... Read More
Leaving current practice for another job
Topics: Withdrawal/Transfer/Change of Status, Communications
The following analysis applies when a licensee has been retained by a client whose file ... Read More
Duties to College and others, duty to report
Topics: Confidentiality and Privilege
The following analysis applies when a licensee becomes aware of another agent’s conduct, which, in ... Read More
Missed Deadlines
Topics: Competence and Quality of Service
The following analysis applies when a licensee misses a deadline on behalf of a client. ... Read More
Unauthorized practice and duty to supervise
Topics: Scope of Practice/Unauthorized Practice
Third Party Proposal to Aid in Unauthorized Practice Scenario It has come to the attention ... Read More
Competence – staying abreast of developments – privilege
Topics: Competence and Quality of Service
The following analysis applies to a licensee in their daily practice and focuses on the ... Read More
Rule 2 – Confidentiality
Topics: Confidentiality and Privilege
The following analysis applies when a licensee is considering what is involved in meeting their ... Read More
Rule 3 – Conflicts and duty of loyalty
Topics: Conflicts
The following analysis discusses the conflicts of interest rules in the Code of Professional Conduct ... Read More
Update to Janssen Debate
Topics: Confidentiality and Privilege
The courts have begun to interpret the Federal Court’s holding in Janssen, as it relates ... Read More
Courtesy, Civility and Good Faith
Topics: Competence and Quality of Service
The following analysis discusses the rules in the Code of Professional Conduct (the “Code”) that ... Read More
Leaving firm/sole practice to practice elsewhere
Topics: Withdrawal/Transfer/Change of Status, Communications
Licensees who are leaving their current practice – whether it be for another job, to ... Read More
Rule 4 – Quality of Service
Topics: Communications, Competence and Quality of Service
Quality of Service means more than providing competent and timely assistance to clients. As an ... Read More
Withdrawal of services
Topics: Withdrawal/Transfer/Change of Status, Communications
Notice regarding new Bylaws On May 1, 2023, CPATA’s new Bylaws came into force. The ... Read More
Competence and Technology
Topics: Competence and Quality of Service
The following is an overview of both a licensee’s obligations to provide competent services and ... Read More
Competence and self-reflection
Topics: Competence and Quality of Service
Patent Agents and Trademark Agents provide expert intellectual property services. The profession plays an important ... Read More
Competence and staying abreast of privilege law
Topics: Competence and Quality of Service
An April 21, 2023 decision of the Federal Court in Boehringer Ingelheim (Canada) Ltd. v ... Read More
Advertising and solicitation
Topics: Marketing and Fees
Licensees and their firms need to be aware that the Code of Professional Conduct (the ... Read More
Scope of Practice and lawyers/non-agents
Topics: Scope of Practice/Unauthorized Practice
The following scenario and analysis consider the scope of practice of non-agents, including non-agent lawyers, ... Read More
Competence and Quality of Service – strategic advice
Topics: Competence and Quality of Service
A question from licensees often arises: what should or must I do when a client ... Read More
Competence and Quality of Service – advice re foreign jurisdiction filings
Topics: Competence and Quality of Service
Last month we considered what ethical obligations should be considered when a client or potential ... Read More
Due care and cooperating with successor agents
Topics: Withdrawal/Transfer/Change of Status, Communications
The introduction of the due care standard under the Patent Act and Patent Rules has ... Read More