Excerpt from Final Report of the Commission for the Revision, Assimilation and Consolidation of the Laws of the Various Provinces of the Union Relating to Patents, Designs, Trade Marks, Copyrights and Tacit Hypothecations: Presented to Both Houses of Parliament by Command of His Excellency the Governor-General
So far as practitioners are concerned, it is provided that all attorneys mav practise as patent agents without special registration; but that no other persons shall in the future be entitled to do so save upon due registration after passing a prescribed examination; the vested rights of existing practitioners being however fully safeguarded. The question of the extent to which patent. Agents, not being attorneys, should be allowed to take part in contentious proceedings is one upon which divergent views have been expressed. It has been urged on behalf of such agents that being experts in a special subject they should be given the right of conducting all proceedings to their final issue, including the privilege of prose cuting appeals and instructing counsel. But your Commissioners are unable to take that View; they are prepared to recommend that such patent agents should be entitled to represent their clients in all proceedings _before the Commissioner, including opposition proceedings; but they consider that so soon as recourse is had to a Court of Law, then the right to practise in that Court should be confined to duly qualified practitioners. They have provided accordingly (section 89 but should it. Be decided that opposition proceedings are to be dealt with by a Judge, it will follow that, upon the principle above stated, the right of the' ordinary patent agent to appear before the Commissioner should be expressly confined to non-contentious matters.
The Chapter dealing with Designs has been modelled upon the terms of the English statute (7 Ed. Vii Chap. And calls for no Special remark.
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