code of conduct

 

The aim of this Code of Conduct is to regulate the conduct of the members insofar as this conduct takes place as a patent attorney under Patent Act 1995.

 

The following definitions apply in this Code of Conduct:

 

• "Institute" refers to the Netherlands Institute of Patent Attorneys;
• "Member" refers to an ordinary member of the Institute;
• "Professional Group" refers to the ordinary members of the Institute; 
  "Board" refers to the board of the Institute;
• "Client" refers to any natural person or corporate entity that obtains advice from or makes use of the services of a Member. 

 

 1. General

 

a) The general requirements laid down for members of the Institute are set out in chapter 2, § 1a of the Patent Act 1995 (Rijksoctrooiwet 1995) and in the Implementation Decree Patent Act 1995 (Uitvoeringsbesluit Rijksoctrooiwet 1995).

 

b) The general principles relating to professional conduct are set out in this Code of Conduct, which reflects the current attitudes within the Professional Group. This Code of Conduct does not relieve a Member of his/her personal responsibility to comply with the provisions set out in the Patent Act 1995 and in the Implementation Decree Patent Act 1995.

 

c) Above all a Member must be a reliable and expert adviser for persons who are interested in matters relating to industrial property. The Member must act as an independent adviser by serving the interests of his/her Clients in an unbiased manner without thereby taking account of his/her personal feelings or interests.

 

d) A Member carries out his/her profession honourably and conscientiously in a manner which is in keeping with the honour and dignity of the profession. He/she will particularly be sure to refrain from making false or misleading statements.

 

e) A Member will conduct him/herself in the exercise of his/her profession in such a manner that no harm is done to the trust in the profession of patent attorney.

 

f) A Member will take steps to protect the interests of his/her Clients if he/she is prevented from carrying out his/her profession.

 

g) Every Member must be familiar with the Code of Conduct and cannot claim unfamiliarity with it as a defence.

 

h) Breaches of the Code of Conduct cannot be justified by citing instructions from a Client.

 

2. Advertising

 

a) Advertising is generally permitted on condition that the content thereof is truthful and in accordance with basic principles such as integrity and respecting professional confidentiality.

 

b) The following are not permitted when advertising:

 

1) naming a client without express permission from this Client;
2) announcing, publicising or publishing offers relating to the purchase, sale or mediation with regard to specific industrial property rights, except where this arises from a Client's instructions.

 

3. Relationship with the public

 

a) A Member will uphold the honour and dignity of the professional group and the appearance as a patent attorney at the national patent office.

 

b) A Member will refrain from indications in office signage, letterheads or any other form which are misleading for the public.

 

c) A Member will not allow a person who is not a Member to perform work in the name of the Member or his/her office which relates to appearing as a patent attorney at the national patent office without adequate supervision.

 

d) In terms of the execution of his/her profession a Member is responsible for the actions of his/her staff who are not Members.

 

4. Relationship with Clients

 

a) A Member will strive to maintain complete secrecy with regard to any confidential statement made to him/her in the context of his/her profession, unless he/she has been released from his/her duty of confidentiality.

 

b) A Member will always devote the requisite care and attention to the work entrusted to him/her by Clients and will carry out this work with the required expertise. A Member will keep Clients informed about the state of their affairs.

 

c) In principle a Member does not have to serve a Client's interests in cases which are not related to the work that has been entrusted to the Member as a patent attorney by the Client.

 

d) If a Member does not wish to accept an instruction or if he/she wishes to terminate his/her service provision with regard to a current instruction, he/she will immediately inform the Client about this. In the latter case the Member will take the necessary steps to enable the Client to avoid suffering loss.

 

e) A Member is required to refuse or return an instruction if accepting or continuing it would unavoidably conflict with the interests of another Client that he/she is serving or has served or on which he/she has advised. Nor will a Member bring action against a case which is being or has been dealt with by the Member or another patent attorney in the same office, unless the Client in this case has given its express permission for this, or the Member has no knowledge of this matter and cannot gain any knowledge of it other than from publicly accessible sources. Nor is the Member permitted to make use of non-public information supplied by this Client in this action.

 

f) A Member should refuse an instruction which conflicts with his/her own interests. If in such a case the execution of the instruction cannot be deferred without potential loss for the client, a Member will accept the instruction and carry it out insofar as this is required immediately in order to prevent potential loss; he/she will then surrender the instruction in this case.

 

g) A Member will not acquire a financial interest in an industrial property right if this gives rise to a conflict between the professional duty and this interest.

 

h) A Member will automatically be released from his/her duty of confidentiality if the secret information has been made public.

 

5. Relations with other Members

 

a) Good collegiality between Members is needed to uphold the honour and dignity of the profession of patent attorney and must always be maintained, regardless of personal feelings. This means that a Member may not comment on another Member in discourteous or insulting terms. Grievances with regard to another Member must first be discussed personally with the other Member, i.e. in private or through a third Member, and then - if necessary - dealt with through the official channels as specified in the Patent Act 1995.

 

b) Since the protection of the professional group is a matter of the highest importance for the Institute, no Member may discriminate or encourage discrimination between Members.

 

c) The members must avoid any discussion of a concrete case that one of them is dealing with, unless the Client declares that he/she wants an independent view or wishes to change patent attorney. The Member may only inform the other Member if the Client agrees to this.

 

d) If a Member is instructed by a Client to take over the handling of a case from another Member then the Member that is given the instruction is free to accept it, on condition that he/she ensures that the other Member is informed immediately. This other Member will lend or transfer all documents needed for the handling of the case or provide copies to the new patent attorney for a reasonable charge without delay.

 

6. Relations with the national patent office.

 

In all dealings with the national patent office and its employees a Member will be courteous and will do everything possible to uphold the honour and dignity of the Professional Group.

 

7. Relations with the Institute

 

a) Members will keep the Institute informed of the address where correspondence and other information from the Institute should be sent. Changes of address will be notified immediately to the Institute's office.

 

b) A Member may not make any written or verbal statement on behalf of the Institute without permission from the chairman of the Institute.

 

c) A Member has the right to ask the chairman of the Institute's Supervisory Council for an opinion on the admissibility under this Code of Conduct of any action which the member proposes to carry out or sanction. Such an opinion is not binding on the Supervisory Council, but does mean that the Member who has followed the opinion is deemed to be acting in good faith in the relevant matter, insofar as the facts and circumstances are the same as those set out in the request for an opinion.