Article 3

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

rule 3(b) words substituted by Legal Services Act 2007 (Consequential Amendments) 2009 art. 9(3)
rule 3(c) words substituted by Legal Services Act 2007 (Consequential Amendments) 2009 art. 9(4)(a)
rule 3(c) words substituted by Legal Services Act 2007 (Consequential Amendments) 2009 art. 9(4)(b)
rule 3(c) words substituted by Legal Services Act 2007 (Consequential Amendments) 2009 art. 9(4)(c)

The Comptroller is hereby authorised to refuse to recognise as agent in respect of any business under the Patents Act 1949^f1, the Registered Designs Act 1949^f2or the Patents Act 1977^f3—

(a)

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

(b)

an individual whose name has been erased from and not restored to the register 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 an individual registered in the register, render him liable to have his 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 paragraph (a), (b) or (c) above.

Annotations

Footnotes

f1: 1949 c. 87.
f2: 1949 c. 88; section 32 thereof (power to make rules for the registrar to refuse to recognise certain agents) is repealed by the Copyright, Designs and Patents Act 1988, section 272 and Schedule 3, paragraph 21.
f3: 1977 c. 37; section 115 thereof (power of Comptroller to deal with certain agents) is repealed by the Copyright, Designs and Patents Act 1988, section 303(2) and Schedule 8.