IPREG part 1 Flashcards
Define “client” in the IPREG Rules of Conduct.
“Client” means the principal on whose behalf a regulated person acts as agent and includes any person for whom the regulated person is address for service for any right regardless of the nature of any current relationship. In the case of foreign originating work, for the purposes of these Rules the “client” remains the principal for whom the work is ultimately being done, although the instructions may come from an intermediary foreign patent or trade mark attorney, to whom the regulated person will also owe a duty of professional care. Where a regulated person is instructed via such an intermediary any obligation to provide information to a client under these Rules may be discharged by providing such information to that intermediary.
Define “professional work” in the IPREG Rules of Conduct.
“Professional work” means any services provided by a regulated person in the course of business providing legal services and/or ancillary services (whether or not legal services).
Define “regulated person” and “registered person” in the IPREG Rules of Conduct.
“Registered person” means:
a) a registered patent attorney;
b) a registered trade mark attorney; or
c) a body (corporate or unincorporated) registered in the patent attorney register or the trade mark attorney register whether or not an ABS [a licensable body as defined by the Legal Services Act 2007].
“Regulated person” means a registered person, an employee of a registered person, or a manager of a body which is a registered person.
State Rule 4 (Competence) of the IPREG Rules.
Regulated persons shall carry out their professional work with due skill, care and diligence and with proper regard for the technical standards expected of them.
A regulated person should only undertake work within his expertise or competence.
State Rule 5 (Integrity) of the IPREG Rules.
Regulated persons shall at all times act with integrity putting their clients’ interests foremost subject to the law and any overriding duty to any Court or Tribunal.
State Rule 6 (Client Care and Service) of the IPREG Rules.
Regulated persons shall carry out their professional work in a timely manner and with proper regard for standards of professional service and client care.
State Rule 7 (Conflicts) of the IPREG Rules.
A regulated person must not act where his interests conflict with those of a client or of a former client, or where he knows or has reasonable grounds for suspecting that the interests of any partner or regulated person or staff of his firm, conflict with those of a client or of a former client.
Provided in all the circumstances it is reasonable to do so, a regulated person may act for two or more clients, or for a client as against a former client, in relation to the same or a related matter in a situation of conflict, or possible conflict but only if all of the parties have given their informed consent in writing. Regardless of consent a regulated person must, however, refuse to act on behalf of conflicting or potentially conflicting parties in contentious matters, in circumstances where the regulated person’s actions would not be seen to be neutral or where accepting instructions from both parties would risk a breach of Rule 5 or if Rule 8 cannot be observed.
State Rule 8 (Confidentiality of Disclosure) of the IPREG Rules.
Regulated persons must keep the affairs of clients and former clients confidential except where disclosure is required and permitted by law or by the client or former client.
Subject to this duty of client confidentiality and any circumstance where disclosure of information is prohibited by law, unless a client expressly agrees that no duty to disclose arises or a different standard of disclosure applies, a regulated person should disclose all relevant information of which he is aware to a client.
Regulated persons must not put any client’s confidential information at risk by acting, or continuing to act for another client where that information may be material, unless both clients provide informed consent and in all of the circumstances it is reasonable to do so.
