Article 6 I1

(1)

Representation and rights of audienceAny party to the proceedings may appear in person or be represented by counsel or a solicitor (of any part of the United Kingdom) or, subject to paragraph (4) below, a patent F1attorney or any other person whom he desires to represent him.

(2)

Anything required or authorised by these Rules to be done by or in relation to any person may be done by or in relation to his agent.

(3)

Where after a person has become a party to the proceedings he appoints an agent for the first time or appoints an agent in substitution for another, the newly appointed agent shall give written notice of his appointment to the Comptroller and to every other party to the proceedings.

(4)

The Comptroller may refuse to recognise as such an agent in respect of any proceedings before him–

(a)

a person who has been convicted of an offence under section 88 of the Patents Act 1949^f1 or section 114 of the Patents Act 1977^f2 F2or section 276 of the Act;

(b)

F3a person whose name has been erased from and not restored to, or who is suspended from, the register of patent F4attorneys (kept F5in accordance with F6section 275 of the Act) on the ground of misconduct;

(c)

a person who is found by the Secretary of State to have been guilty of such conduct as would, in the case of F7a person registered in the register of patent F8attorneys, render F9the person liable to have F10the person’s name erased from the register on the ground of misconduct;

(d)

a partnership or body corporate of which one of the partners or directors is a person whom the Comptroller could refuse to recognise under sub-paragraphs (a), (b) or (c) above.

Annotations

Textual amendments

F1: Word in rule 6(1) substituted (1.1.2010) by The Legal Services Act 2007 (Consequential Amendments) Order 2009 (S.I. 2009/3348), arts. 2(1), 8(a)
F2: Words in rule 6(4)(a) inserted (13.8.1990) by The Design Right (Proceedings before Comptroller) (Amendment) Rules 1990 (S.I. 1990/1453), rules 1, 2(a)
F3: Words in rule 6(4)(b) substituted (1.1.2010) by The Legal Services Act 2007 (Consequential Amendments) Order 2009 (S.I. 2009/3348), arts. 2(1), 8(b)(i)
F4: Word in rule 6(4)(b) substituted (1.1.2010) by The Legal Services Act 2007 (Consequential Amendments) Order 2009 (S.I. 2009/3348), arts. 2(1), 8(b)(ii)
F5: Words in rule 6(4)(b) substituted (1.1.2010) by The Legal Services Act 2007 (Consequential Amendments) Order 2009 (S.I. 2009/3348), arts. 2(1), 8(b)(iii)
F6: Words in rule 6(4)(b) substituted (13.8.1990) by The Design Right (Proceedings before Comptroller) (Amendment) Rules 1990 (S.I. 1990/1453), rules 1, 2(b)
F7: Words in rule 6(4)(c) substituted (1.1.2010) by The Legal Services Act 2007 (Consequential Amendments) Order 2009 (S.I. 2009/3348), arts. 2(1), 8(c)(i)
F8: Word in rule 6(4)(c) substituted (1.1.2010) by The Legal Services Act 2007 (Consequential Amendments) Order 2009 (S.I. 2009/3348), arts. 2(1), 8(c)(ii)
F9: Words in rule 6(4)(c) substituted (1.1.2010) by The Legal Services Act 2007 (Consequential Amendments) Order 2009 (S.I. 2009/3348), arts. 2(1), 8(c)(iii)
F10: Words in rule 6(4)(c) substituted (1.1.2010) by The Legal Services Act 2007 (Consequential Amendments) Order 2009 (S.I. 2009/3348), arts. 2(1), 8(c)(iv)

Commencement

I1: Rule 6 in force at 1.8.1989, see rule 1

Footnotes

f1: 1949 c. 87.
f2: 1977 c. 37.