Section 102
Persons entitled to act as patent agents etc.
of Patents Act
(1)
An individual shall not carry on a business, practise or act as a patent agent unless he is a registered patent agent, or an advocate and solicitor, who has in force a practising certificate.
(2)
A partnership shall not carry on a business, practise or act as patent agents unless at least one partner is a registered patent agent, or an advocate and solicitor, who has in force a practising certificate.
(3)
A body corporate shall not carry on a business, practise or act as a patent agent unless at least one director is a registered patent agent, or an advocate and solicitor, who has in force a practising certificate.
(4)
For the purposes of this section, a person is taken to carry on a business, practise or act as a patent agent if, the person does, or undertakes to
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do, on behalf of another person, any of the following in Brunei Darussalam for gain —
(a)
applying for or obtaining patents in Brunei Darussalam or elsewhere;
(b)
preparing specifications or other documents for the purposes of this Act or the patent law of another country; or
(c)
giving advice (other than advice of a scientific or technical nature) about the validity, or infringement, of patents.
(5)
An individual shall not —
(a)
carry on a business under any name or other description which contains the words “patent agent”; or
(b)
in the course of a business otherwise describe himself, hold himself out or permit himself to be described or held out as a “patent agent”, unless he is a registered patent agent who has in force a practising certificate.
(6)
A partnership shall not —
(a)
carry on a business under any name or other description which contains the words “patent agent”; or
(b)
in the course of a business otherwise describe itself, hold itself out or permit itself to be described or held out as a firm of
“patent agents”, unless at least one partner is a registered patent agent who has in force a practising certificate.
(7)
A body corporate shall not —
(a)
carry on a business under any name or other description which contains the words “patent agent”; or
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(b)
in the course of a business otherwise describe itself, hold itself out or permit itself to be described or held out as a “patent agent”, unless at least one director is a registered patent agent who has in force a practising certificate.
(8)
Any person who contravenes this section is guilty of an offence and liable on conviction to a fine not exceeding $5,000, imprisonment for a term not exceeding 12 months or both.
(9)
Where subsection (5), (6) or (7) would be contravened by the use of the words “patent agent” in reference to an individual, partnership or body corporate, it is equally contravened by the use of the expression “patent attorney” in reference to that person, or his business or place of business, or any other expression in reference thereto which is likely to be understood as indicating that he is entitled to be described as a “patent agent”.
(10)
Where an individual’s employer does not carry on a business, practise or act as a patent agent, the individual does not contravene subsection (1) in respect of anything done, or undertaken to be done, by the individual for his employer in his capacity as employee of his employer.
(11)
Where —
(a)
an individual’s employer is a member of a related company group;
(b)
the individual’s employer does not carry on a business, practise or act as a patent agent; and
(c)
any other member of the related company group does not carry on a business, practise or act as a patent agent, the individual does not contravene subsection (1) in respect of anything done, or undertaken to be done, by the individual for that other member of the related company group in his capacity as employee of his employer.
(12)
A legal officer does not commit an offence against subsection (1) in respect of anything done, or undertaken to be done, by him on behalf of the Government.
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(13)
A body corporate that is a member of a related company group does not contravene subsection (3) in respect of anything done, or undertaken to be done, by the body corporate for another member of the group.
(14)
This section shall not be construed as prohibiting an advocate and solicitor from taking part in proceedings relating to patents and applications for patents and, in particular, shall not derogate from section 90
as it applies to advocates and solicitors.
(15)
No offence is committed under section 19 of the Legal
Profession Act (Chapter 132) by any person by reason only of the preparation by him of a document (other than a deed) for use in proceedings before the Registrar in relation to any patent or application for a patent.
(16)
In this section —
“director”, in relation to a body corporate whose affairs are managed by its members, means any member of the body corporate;
“practising certificate” means —
(a)
in relation to a registered patent agent, a practising certificate issued to him under rules made under section 101;
or
(b)
in relation to an advocate and solicitor, a practising certificate issued to him under section 13 of the Legal
Profession Act (Chapter 132); and
“related company group” means a group of two or more corporations which are related to each other.