Hon Simon Power
Government Bill
235—2A
As reported from the Commerce Committee
Commentary
Key
1 Title
2 Commencement
Part 1APreliminary provisions
2A Purpose
2B Overview
2C Interpretation
2D Act binds the Crown
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Part 5Patent attorney profession
Subpart 1—Restrictions on providing patent attorney services
184 Title of patent attorney
185 Title of patent attorney company
186 Title of patent attorney partnership
187 Only patent attorneys, and patent attorney companies and partnerships, may provide patent attorney services
187 Who may provide patent attorney services
188 False representations
189 Liability of directors and managers if body corporate commits offence
190 Exception for lawyers and incorporated law firms to provide limited patent attorney services
190 Limits on extent of patent attorney services that lawyers may provide
190A Requirements for patent attorneys sharing income with lawyers
191 Period of grace for personal representatives of patent attorneys
191A Right of lien
192 Exception for pre-1955 companies
192A Liability of directors and managers if body corporate commits offence
Subpart 2—Registration and certificates
193 Who is qualified to be registered as patent attorney
194 Determining qualification requirements for registration
195 Matters that may be taken into account in determining whether applicant is fit and proper person
196 Registration certificates
197 Failure to pay renewal fee for registration
198 When registration may or must be removed or suspended
199 Effect of suspension
200 Other matters relating to suspension and removal of registration
Subpart 3—Standards of conduct and discipline
Code of conduct
201 Patent attorneys and patent attorney companies subject to code of conduct
202 Purpose and contents of code of conduct
203 Institute must develop code of conduct
204 Board may approve draft code of conduct
205 Publication and application of code of conduct
206 Status of code of conduct
207 Amendments and replacements of code of conduct
Disciplining of patent attorneys and patent attorney companies
208 Who is covered by disciplinary regime
209 Complaints and referrals may be made under disciplinary regime
210 Board may direct parties to explore use of alternative dispute resolution for complaints
211 Board’s powers of investigation
212 Offence of obstruction
213 Evidence
214 Issuing of summons by Board
214A Requirements for summons
214B Witnesses’ fees, allowances, and expenses
214C Offence of failing to comply with summons
215 Protection of persons appearing
216 Grounds for discipline of patent attorneys and patent attorney companies
217 Disciplinary penalties
218 Orders for payment of costs
219 Board must notify Commissioner of orders
220 Effect of order to pay money on right to damages
221 Orders enforceable against former patent attorneys
Subpart 4—Appeals under this Part
222 Right of appeal
223 Decisions to have effect pending determination of appeal
224 Procedure on appeal
222 Appeals against decisions of Board or Commissioner
225 Court’s decision final
226 Court may refer matter back for reconsideration
227 Orders as to costs
228 Orders as to publication of names or particulars
229 Appeal on question of law
Subpart 5—Register of patent attorneys
230 Commissioner to establish and maintain register of patent attorneys
231 Purpose of register of patent attorneys
232 Form of register of patent attorneys
233 Contents of register of patent attorneys
234 Search of register of patent attorneys
235 Obligation to notify Commissioner of changes to details in register of patent attorneys
236 Changes to register of patent attorneys
Subpart 6—Patent Attorneys’ Standards Board
237 Patent Attorneys’ Standards Board of New Zealand
238 Functions of Board
239 Membership of Board
240 Further provisions relating to Board and its members
Part 5AAdministrative and miscellaneous provisions
Commissioner
240A Functions of Commissioner under this Act
240B Provisions of Patents Act 2008 also applicable to Commissioner under this Act
Regulations
240C Regulations
240D Supplementary empowering provision
240E Fees and other money payable under this Act
Repeals and amendments
240F Repeal of patent attorney provisions of Patents Act 1953 and consequential revocations
240G Consequential amendments to other enactments
Transitional provisions
240H Outline of transitional provisions for patent attorneys
240I Transitional provision for patent attorneys registered under Patents Act 1953
240J Transitional provision for applicants for registration
240K Transitional provision for lawyers
240L Transitional provision for register of patent attorneys
Schedule 1Further provisions applying to Board and its members
Schedule 1AConsequential amendments
Legislative history
The Parliament of New Zealand enacts as follows: