Industrial Designs Act, 2001
|
Recognition of agents. |
88.—(1) Whenever, under this Act, an act has to be undertaken by or done to a person in connection with the registration of a design or any procedure relating to a registered design or a design right, the act may be undertaken by or done to an agent— | |
(a) who is authorised by that person orally or in writing; and | ||
(b) who is a registered patent agent or a registered trade mark agent. | ||
(2) A registered patent agent or a registered trade mark agent duly authorised by a person under subsection (1) to act as his or her agent may, subject to any agreement to the contrary between the agent and that person, on giving notice to the Controller and that person, cease to act as agent for that person. | ||
(3) In this Act, “registered patent agent” shall have the same meaning as “patent agent” in the Patents Act, 1992 . | ||
(4) Part X (Patent Agents) of the Patents Act, 1992 , shall apply in respect of registered patent agents under this Act as it applies in respect of patent agents under the Patents Act, 1992 . | ||
(5) In this Act, “registered trade mark agent” shall have the same meaning as “registered trade mark agent” in the Trade Marks Act, 1996 . | ||
(6) Part V (Trade Mark Agents) of the Trade Marks Act, 1996 , shall apply in respect of registered trade mark agents under this Act as it applies in respect of registered trade mark agents under the Trade Marks Act, 1996 . | ||
(7) The Minister may prescribe the maximum fees to be charged by a registered patent agent or a registered trade mark agent in respect of service provided in connection with the protection of designs. | ||
(8) Nothing in this Act shall be construed as prohibiting solicitors or barristers from taking such part in proceedings under this Act as has heretofore been taken by solicitors or barristers in connection with a design or any procedure relating to a design or the registration thereof. | ||
(9) A registered patent agent or a registered trade mark agent shall not be guilty of an offence under section 58 of the Solicitors Act, 1954 (which prohibits the preparation for reward of certain instruments by persons not legally qualified), by reason only of the preparation by the agent of— | ||
(a) a deed assigning the property in a design application or design; or | ||
(b) any document (not being a deed) for use in proceedings under this Act before the Controller or the appropriate court. |