Advocacy procedure for protection of industrial property Advocacy for the protection of industrial property, special kind of property which is of great importance not only for the individual but for the whole community , need special expertise and knowledge of field of industrial property , in order to provide constitutional guarantee the rights deriving from scientific work. The main task of the agent is offering professional legal advice and professional services to interested parties. advocates have advise their Stankov the protection of inventions and signs distinction, made written requests for recognition of rights of industrial property , in particular the rights of prometlivosta . The process should act honestly and conscientiously . Attorney is bound keeping the secret for all activities performed as representative, this liability will continue even when you stop advocating .
Who can PERFORM advocacy?
Law on Industrial Property distinguish the domestic and foreign legal entities . The proceedings before the Office before the state administration , foreign legal and natural persons exercise their rights through a representative who is a domestic legal or person registered for advocacy in the field of industrial property . Local people can exercise their rights personally or by the legal representative , but can engage and advocate
of industrial property . This is comming out of the Paris Convention Protection of Industrial Property . Representation of the parties to protect the rights of Industrial Property Office before before the state Administration can perform natural and legal persons who are enrolled in register kept by the Office. The register of agents can enroll : an individual who has completed a legal or technical colleges and professional specialist examination in industrial property or special examination in the field , passed in Office and legal entity that employs at least one person
completed a legal or technical colleges and professional specialist examination of industrial property or special examination of the area , passed in Office.
Why do I need exam for agents for PROTECTION OF RIGHTS OF INDUSTRIAL PROPERTY ?
Knowledge about the procedure for protection of industrial property is not acquired through regular studies legal nor any of the technical colleges . This area is specific and requires a high level of education , full knowledge of procedure for the protection of the Office and knowledge of international legislation . The stipulation of specific conditions protection of property industiskata a guarantee expertise and qualifications in the protection of industrial property . Especially important is the role of advocates for keeping procedures for the protection of industrial property before courts . Professional representation of clients represents a contribution to increasing the efficiency of legal protection at all . This examination must take and lawyers to have the right to representing foreign individuals and legal entities . Accordingly , the Office organizes an exam for agents Protection of Industrial Property . The exam may take the person with completed a legal or technical colleges and prepaid expenses for examination . It is held annually and may hold more times depending on interest. The exam is published in two daily newspapers . An integral part of a Program Rules for the professional Exam advocates protection of industrial propert.
The exam is taken before an examination committee consisting of the president , four members , their deputies, and a secretary and a term of two years , and after that period members may be reappointed . Persons wishing to take the exam submit written application to the Office , which contain information about the candidate : name , surname , address , phone , fax , e- mail , proof of qualifications , proof of paid a fee for taking the exam . Acts are submit to original or certified copy , in whole or in part by clearly shows that the ground is filled .
Because of the specificity of the matter before the exam held lectures that covered all areas under Programme. Lectures are held consecutively, five days , usually in the afternoon.
The Commission may , upon request of the applicant , for good reasons to postpone the exam , but at least six months . Exam is taken in writing and orally . The written part candidate handles certain issues of procedure to protect of industrial property . During the passing of the written of the use of the professional literature . the duration of The exam is 90 minutes . Candidates who successfully pass the written part same day and take the oral part , and within 8 days passing the written part . For the oral section leads record to which enclose written assignment of the candidate . For each topic the candidate gets special assessment. An applicant is assessed verbally " passed " or " failed".
The candidate who has passed the exam certificate is issued for passing an exam which entitles the entry in Register of Representatives. If the applicant demonstrated satisfactory knowledge of the three thematic areas suggests corrective exam . correctional exam candidate can take the limit determined by test Commission , but not less than one nor more than six months . If applicant demonstrated satisfactory knowledge of correctional exam will considered to have failed the exam and must re-taken as a whole . If the applicant demonstrated satisfactory knowledge of four or more subject areas , overall success of the candidate is evaluated with " nepolozhil " .
Candidates who without justifiable reasons not to take the approach exam or not redade work or abandon commenced passing the written part will be deemed not to have passed the exam.
In the last issue of the year in the Official Gazette of the Office published list of those who passed the exam for agents that year .
Procedures related entry in the Register of Representatives A person who has passed the exam, or a person that has been recognized specialist exam, acquires eligible to be entered in the register of attorneys. The registry Representatives are registered legal entities and individuals who are actively dealing with representation of parties in the Protection of industrial property or as main activity have 74.11 recorded activity from the National Classification Activities . Application for entry in the register of representatives, shall be submitted the SOIP - Z1 in triplicate . In addition to the application submit : proof of citizenship , proof of qualifications , proof for employment , proof of the activity of advocacy
industrial property , proof of passing the exam ; proof of payment of the fee. The entry in the register every zastanik gets license
number , and payment of certain costs in data entry in the register of agents are published in the Official Gazette Office. Data on registered representatives are published on the web Page of Office and submitted to interested parties which makes a kind of their promotion .
The extract from the register of Representatives shall be published annually in first issue of the newsletter of the Institute . At the request of the representative , the Office issued a certificate that is a regular representative of the area of protection of industrial property .
RENEWAL OF ENTRY IN THE REGISTER OF AGENTS
Application for renewal in the Register of Representatives renewed before the expiry of one year from the date of entry , ie date of renewal of the entry in the register. I submit to SOIP - W -3 , the two samples . In addition to the application is submitted : - A list of employees who ualify for advocacy ;
- Proof of employment of those persons ( M1 and M2 forms ) or written statement that these people are still employed in legal person or law firm ;
- Evidence for activity in the area of advocacy industrial property or the decision to enroll in the trial Register and deployment solution for the enterprise according to the main activity ;
- Proof of payment of stamp duty in original . Deletion from the Register of Representatives The attorney is deleted from the register of agents :
- If requested renewal of the entry in the register
- If the request for deletion of registry
- If a court decision is forbidden advocacy
- If you do not submit proof that they meet the requirements for renewal the entry in the register
- Person is deleted from the registry in the event of death and if lost working capacity
- Entity is deleted from the registry with the termination of the legal person .
The magazine of the Institute , ex officio published data deletion of agents from the register of attorneys.
RE- ENTRY IN THE REGISTER OF AGENTS
The attorney who was once removed from the Register of Representatives can re- apply for registration at any re-entry gets a new sequence number .