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. 

File Transferring

Rule 5 – Fees and Disbursements; Foreign Agents

Rule 6 – Withdrawal of services when surrendering a licence

Rule 6 Commentary – fees and disbursements – file transfer/withholding a file – accounts receivable

Rule 7 – Duties to College, Members and Other Persons; Rule 7-5 Mandatory reporting/duty to report

Rule 1: Competence; Rule 4: Quality of Service – missed deadlines

Rule 10 – Unauthorized Practice; Rule 10-2; Rule 1-3 – Duty to Supervise Staff, Agents in Training, etc. 

Rule 1-5 – Competence and staying abreast of developments in the law relating to privilege – the Janssen debate

Rule 2 – Confidentiality

Rule 3 – conflicts of interest and the duty of loyalty 

Ethics byte: an update to the Janssen debate

Courtesy, civility and good faith – Rules 7 and 8 and an agent’s conduct

Rule 6 – Leaving your current practice for another job? Ethical obligations for when you’re leaving your firm or your solo practice and are staying in private practice

Rule 4 – Quality of Service

Rule 6 – withdrawal of services; College Bylaws – sections 46(1)(d) and 50(1)(d) – notifying clients and CIPO of withdrawal from client matters

Rule 1 – Competence – Technical Competencies

Rule 1 – Competence – how the competence rules may require honest self-reflection about whether the licensee has the expertise needed to accept the file

Rule 1-5 – Competence and staying abreast of developments in the law relating to Privilege – Boehringer Ingelheim (Canada) Ltd. v Pharmascience Inc.

Rule 9 – Advertising and solicitation – what is misleading marketing

Scope of Practice – non-agents and lawyers – the Patent Rules, Trademarks Regulations and CPATA Act

Rule 1 and Rule 4 – Competence and Quality of Service – considering all relevant facts and providing strategic advice

Rule 1 and Rule 4 – Competence and Quality of Service – advising clients about applying in foreign jurisdictions

Rule 6 – “due care” standard and cooperation with successor agents

Supporting Licensees in Understanding their Ethical Obligations: Top Ethical Analysis Articles from 2023