Chapter III – Representation
Article 134a160
Institute of Professional Representatives before the European Patent Office
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16th edition: this version presents the text in force on 1 July 2020. |
(1) The Administrative Council shall be competent to adopt and amend provisions governing:
(a)161 the Institute of Professional Representatives before the European Patent Office, hereinafter referred to as the Institute;
(b) the qualifications and training required of a person for admission to the European qualifying examination and the conduct of such examination;162
(c)163 the disciplinary power exercised by the Institute or the European Patent Office in respect of professional representatives;
(d) the obligation of confidentiality on the professional representative and the privilege from disclosure in proceedings before the European Patent Office in respect of communications between a professional representative and his client or any other person.
(2) Any person entered on the list of professional representatives referred to in Article 134, paragraph 1, shall be a member of the Institute.
160Inserted by the Act revising the European Patent Convention of 29.11.2000.
161See Regulation on the establishment of an Institute of Professional Representatives before the European Patent Office (OJ EPO 1997, 350) and the changes of 07.06.2002 (OJ EPO 2002, 429 ff), of 17.06.2004 (OJ EPO 2004, 361) and of 07.12.2006 (OJ EPO 2007, 12).
See decision of the Administrative Council CA/D 31/08 of 10.12.2008 determining the members of the Institute of Professional Representatives before the European Patent Office to whom Article 15 of the Protocol on Privileges and Immunities of the European Patent Organisation applies (OJ EPO 2009, 28), entered into force on 01.01.2009.
162See Regulation on the European qualifying examination for professional representatives before the European Patent Office as of 10.12.2008 (CA/D 26/08, OJ EPO 2009, 9), the implementing provisions as of 10.12.2008 and the Instructions concerning the qualifications required for enrolment for the European qualifying examination. These texts have been published in the Supplement to OJ EPO 12/2011.
163See Regulation on discipline for professional representatives of 21.10.1977 (OJ EPO 1978, 91 ff; re amendment see OJ EPO 2008, 14), Additional Rules of Procedure of the three disciplinary bodies of 06.06.1980 (OJ EPO 1980, 176 ff; re amendments see OJ EPO 2007, 552 and 548) and the Code of Conduct of the Institute of Professional Representatives before the EPO (OJ EPO 2003, 523 ff).