Singapore legislation
Regulation 17
Regulation 17
Complaint against registered patent agent or registered foreign patent agent
Subregulation 1
The Registrar or any person (referred to in this Part as the complainant) may make a complaint or provide information to the Disciplinary Committee that a registered patent agent or registered foreign patent agent (referred to in this Part as the affected person) —
has been convicted, whether in Singapore or elsewhere, of a criminal offence implying a defect of character which makes him unfit for his profession;
has been guilty of fraudulent or grossly improper conduct in carrying out his professional duties;
has been adjudicated bankrupt and has been guilty of any of the acts mentioned in section 394(5)(a), (b), (c), (d), (e), (f), (h), (i), (k) or (l) of the Insolvency, Restructuring and Dissolution Act 2018;
has allowed any person who is not a registered patent agent to carry out any patent agency work in his name (if the affected person is a registered patent agent), or has allowed any person who is not a registered patent agent or registered foreign patent agent to carry out any foreign patent agency work in his name (if the affected person is a registered foreign patent agent), where that other person was not under his direct and immediate control and supervision when carrying out the work;
has obtained registration as a patent agent or foreign patent agent, or a practising certificate or foreign patent agent certificate, by fraud or misrepresentation; (f)has breached any condition to which his registration as a patent agent or foreign patent agent, or the issue of his practising certificate or foreign patent agent certificate, is subject, or has breached any undertaking made to the Registrar; or
has been guilty of conduct unbefitting a member of his profession.
Subregulation 2
Any complaint or information made or given by any person other than the Registrar shall be forwarded to the Registrar and shall —
be in Form F;
state the name of the affected person and his address, if known;
state the nature of the complaint;
state the name and address of the complainant;
be signed by the complainant; and
be accompanied by —
a statutory declaration verifying the facts on which the complainant relies in support of his complaint or information; and
the applicable fee in the First Schedule.
Subregulation 3
The Registrar shall forward the matters received under paragraph (2) to the Disciplinary Committee.
Subregulation 4
The Disciplinary Committee may require the complainant to provide such further information or document as it may consider necessary for its inquiry and may, if he fails without lawful excuse to do so, dismiss the complaint or matter.
Subregulation 5
Where the complainant withdraws the complaint made or information given by him before the Registrar has referred the complaint or information to the Disciplinary Committee or before the conclusion of the inquiry by the Disciplinary Committee into the complaint or information —
the Registrar may, notwithstanding such withdrawal, refer the complaint or information to the Disciplinary Committee or direct the Disciplinary Committee to continue the inquiry, as the case may be;
the Disciplinary Committee shall comply with the direction; and
all future proceedings on the complaint or information shall be taken as if the complaint had been made, or the information had been given, by the Registrar.