A patent attorney is an individual who is registered as a patent attorney.

(1) A patent attorney company is a company in which—

• (a) all of the directors are registered as patent attorneys; and

• (b) all of the holders of shares that confer voting rights are registered as patent attorneys or permitted to hold the shares under section 191; and

• (c) all of the holders of shares that do not confer voting rights are—

  • (i) registered as patent attorneys; or

  • (ii) permitted to hold the shares under section 191; or

  • (iii) relatives of persons described in subparagraph (i) or (ii).

(2) A relative of a person, for the purposes of this section, is any of the following:

• (a) a spouse, civil union partner, or de facto partner of the person:

• (b) a parent or grandparent of the person:

• (c) a step-parent of the person:

• (d) a brother, sister, half-brother, or half-sister of the person:

• (e) a child of the person:

• (f) a stepchild of the person:

• (g) a parent of the person’s spouse, civil union partner, or de facto partner.

A patent attorney partnership is a partnership in which all of the partners are registered as patent attorneys.

(1) No person may provide patent attorney services unless the person is—

• (a) a patent attorney and has a current registration certificate; or

• (b) a patent attorney company.

(2) No person may provide patent attorney services in partnership with another person unless the other person is—

• (a) registered as a patent attorney; or

• (b) a patent attorney company.

(3) A person provides patent attorney services for the purposes of this Act if, and only if, the person does any of the following in New Zealand on behalf of another person for gain (or undertakes to do so):

• (a) applies for or obtains patents in New Zealand or elsewhere:

• (b) prepares or amends specifications or other documents for the purposes of this Act or of the patent law of any country:

• (c) gives advice other than of a scientific or technical nature as to the validity of patents or their infringement.

(4) Subsection (1) does not permit any individual to provide patent attorney services for a patent attorney company (whether as an employee or otherwise) unless the individual is a patent attorney with a current practising certificate.

(5) A person who contravenes this section commits an offence and is liable on summary conviction to a fine not exceeding $5,000.

(6) It is a defence to an offence under subsection (2) if the person proves that the person did not know, and could not reasonably be expected to have known, that the other person was not registered as a patent attorney or a patent attorney company.

(1) No person may provide patent attorney services unless the person is—

• (a) a patent attorney and has a current registration certificate; or

• (b) a patent attorney company; or

• (c) a lawyer (but see section 190); or

• (d) an incorporated law firm (but see section 190); or

• (e) entitled to provide patent attorney services under any of paragraphs (a) to (d) and is acting in partnership with another person entitled to provide patent attorney services under any of those paragraphs (but see sections 190 and 190A).

(2) A person who contravenes this section commits an offence and is liable on summary conviction to a fine not exceeding $5,000.

(1) No person (A) may represent himself, herself, or itself, or permit another person to represent him, her, or itA, as—

• (a) a patent attorney or patent agent unless A is a patent attorney; or

• (b) a patent attorney company unless A is a patent attorney company; or

• (c) entitled to provide patent attorney services, unless A is so entitled under section 187.

(2) No person may represent a partnership, in which he or she is a partner, as a patent attorney partnership, or permit another person to do so, unless that partnership is a patent attorney partnership.

(2) No person may represent any other person (A), or permit another person to represent A, as—

• (a) a patent attorney or patent agent unless A is a patent attorney; or

• (b) a patent attorney company unless A is a patent attorney company; or

• (c) entitled to provide patent attorney services, unless A is so entitled under section 187.

(3) A person who contravenes this section commits an offence and is liable on summary conviction to a fine not exceeding $5,000.

(4) It is a defence to an offence under subsection (2) if the person proves that the person did not know, and could not reasonably be expected to have known, that the partnership was not a patent attorney partnership.

(4) It is a defence to an offence under subsection (2) if the defendant proves that the defendant believed, on reasonable grounds, that A was a patent attorney, patent attorney company, or entitled to provide patent attorney services under section 187 (as applicable).

If a body corporate is convicted of an offence against section 187 or 188, every director, and every person concerned in the management of the body corporate, is guilty of the offence if it is proved—

• (a) that the act that constituted the offence took place with his or her authority, permission, or consent; or

• (b) that he or she—

  • (i) knew, or could reasonably be expected to have known, that the offence was to be or was being committed; and

  • (ii) failed to take all reasonable steps to prevent or stop it.

(1) A lawyer or incorporated law firm may (despite sections 187 and 188) do either or both of the following:

• (a) provide patent attorney services (including in partnership with another lawyer or incorporated law firm, despite section 187(2)):

• (b) make a representation that he, she, or it is entitled to do so.

(2) However, no lawyer or incorporated law firm may prepare a specification or document relating to an amendment of a specification (or make a representation that he, she, or it is entitled to do so) unless he, she, or it is—

• (a) also a patent attorney (with a current registration certificate) or a patent attorney company; or

• (b) acting under the instruction of a patent attorney or patent attorney company; or

• (c) directed to do so by a court of New Zealand.

(3) A person who contravenes subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding $1,000.

(1) No lawyer or incorporated law firm may prepare a specification, or document relating to an amendment of a specification, (or make a representation, or permit another person to represent, that he, she, or it is entitled to do so) unless he, she, or it is—

• (a) also a patent attorney (with a current registration certificate) or a patent attorney company; or

• (b) acting under the instruction of a patent attorney (with a current registration certificate) or patent attorney company; or

• (c) directed to do so by a court of New Zealand or elsewhere.

(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding $5,000.

(1) A patent attorney or patent attorney company must not share, with a lawyer or an incorporated law firm (whether in partnership or otherwise), income from any business involving the provision of patent attorney services to the public, except in the circumstances, and in accordance with the conditions, set out in the regulations.

(2) A contravention of this section is grounds for a disciplinary order under section 216.

(1) If a patent attorney (A) dies, A’s personal representative (B) may, for up to 3 years from the date of A’s death (or any further period allowed by a court),—

• (a) carry on A’s business if B—

  • (i) is a patent attorney (with a current registration certificate) or a patent attorney company; or

  • (ii) ensures that a patent attorney or patent attorney company manages the business:

• (b) hold A’s shares in a patent attorney company (and the company does not cease, merely for that reason, to be a patent attorney company).

(2) Subsection (1) applies despite sections 187 and 188.

A patent attorney or patent attorney company has the same right of lien over documents and property of a client as a lawyer or incorporated law firm.

A company is treated as a patent attorney company (despite not coming within section 185 the definition of section 2C(1)), for the purposes of this Act, if—

• (a) the company carried on business as a patent attorney immediately before 1 January 1955, and was carrying on business as a patent attorney immediately before the commencement of this section; and

• (b) at least 1 manager or director of the company is a patent attorney.

If a body corporate is convicted of an offence against section 187, 188, or 190, every director, and every person concerned in the management of the body corporate, is guilty of the offence if it is proved that—

• (a) the act that constituted the offence took place with his or her authority, permission, or consent; or

• (b) he or she—

  • (i) knew, or could reasonably be expected to have known, that the offence was to be or was being committed; and

  • (ii) failed to take all reasonable steps to prevent or stop it.

(1) An individual is qualified to be registered as a patent attorney if the Commissioner is satisfied that he or she—

• (a) has passed the examinations or courses required for registration by the Board under section 194, or is certified by the Board as having equivalent, or substantially equivalent, qualifications; and

• (b) meets the prescribed criteria for experience for registration, or is certified by the Board as having equivalent, or substantially equivalent, experience; and

• (c) is a fit and proper person to practise as a patent attorney (see section 195); and

• (d) has applied in the prescribed manner.

(2) An individual is also qualified to be registered as a patent attorney if he or she is entitled to be registered under the Trans-Tasman Mutual Recognition Act 1997 and gives written notice to the Commissioner under section 19 of that Act.

(1) The Board—

• (a) must keep a list of the examinations or courses required to qualify for registration as a patent attorney (and may amend or replace that list):

• (b) may determine who is entitled to sit examinations or undertake courses, any rules for the conduct of examinations or courses, and what constitutes a pass in examinations or courses provided by the Board or persons accredited by the Board:

• (c) may determine the length of time for which a pass in an examination or course remains effective for the purposes of section 193.

(2) The list of examinations or courses—

• (a) must include the subject or subject groups for the examination or course and the person providing the examination or course; and

• (b) may have alternatives, in which case a candidate need have a pass in only 1 of the alternatives listed.

(3) An examination or course may only be listed if—

• (a) it is provided to candidates in New Zealand by the Board, by a person that the Board has accredited, or by the Institute and the Commissioner; or

• (b) it is provided to candidates outside New Zealand by any person and the Board considers that it is an equivalent, or substantially equivalent, qualification to 1 or more of the examinations or courses listed under paragraph (a); or

• (c) it was previously provided to candidates by the Institute and the Commissioner under the Patents Act 1953.

(4) The Commissioner must publicly notify the current list and the Board’s determinations under this section.

(1) The Commissioner may take into account any matters he or she considers relevant in determining whether a person is a fit and proper person to provide patent attorney services, including (without limitation)—

• (a) whether the person is of good character:

• (b) whether the person has been convicted of an offence in New Zealand or another country and, if so,—

  • (i) the nature of the offence; and

  • (ii) the time that has elapsed since the offence was committed; and

  • (iii) the person’s age when the offence was committed:

• (c) whether the person is subject to unresolved disciplinary proceedings relating to patent attorneys or legal practice in New Zealand or another country:

• (d) whether the person’s registration as a patent attorney has been removed and whether he or she is currently barred from applying for re-registration under this Act:

• (e) whether the person’s right to practise as a patent attorney in another country has been cancelled and not restored or is currently suspended:

• (f) whether the person’s right to practise as a lawyer, in New Zealand or another country, has been cancelled and not restored or is currently suspended.

(2) Subsection (1) does not limit the grounds on which a person may be determined not to be a fit and proper person to practise as a patent attorney.

(1) An individual is entitled to a registration certificate on registration as a patent attorney under this Part.

(2) The individual is entitled to a subsequent registration certificate if the Commissioner is satisfied that he or she—

• (a) is appropriately registered as a patent attorney (and the registration is not suspended); and

• (b) has paid the renewal fee and has otherwise applied in the prescribed manner.

(3) A registration certificate must state the date of its expiry.

(4) A registration certificate is in force until its expiry date or any earlier date on which a person’s registration is removed.

(1) If a patent attorney does not pay a renewal fee on or before the expiry of his or her registration certificate, the Commissioner may—

• (a) charge a person a prescribed penalty after the prescribed period; and

• (b) then suspend the person’s registration if the renewal fee or the penalty has not been paid within the prescribed period; and

• (c) then remove the suspended person’s registration and bar him or her from applying for re-registration if the renewal fee or the penalty has still not been paid within a further prescribed period.

(2) The Commissioner may not take action under a paragraph in subsection (1) if, before the expiry of the prescribed period for that action, the person requests that his or her registration be suspended or removed (but any action already validly taken remains effective).

(3) A suspension or a bar on applying for re-registration under this section remains in force until the person has paid both the renewal fee and the penalty (unless the Commissioner determines otherwise).

(1) The Commissioner may suspend or remove a person’s registration in accordance with section 197 (which relates to not paying the renewal fee for registration).

(2) The Commissioner must suspend or remove a person’s registration—

• (a) if the person applies for a suspension or removal in the prescribed manner:

• (b) in accordance with an order under section 217 (which relates to disciplinary penalties).

(3) The Commissioner must remove a person’s registration if satisfied that the person has died.

(4) A voluntary suspension under subsection (2)(a) must be for the period required by the person (subject to any minimum or maximum periods set by regulations).

(1) A person is not a patent attorney for the purposes of this Act for the period for which his or her registration is suspended.

(2) Despite subsection (1),—

• (a) a patent attorney partnership does not cease to be a patent attorney partnership by reason only that the registration of a partner in that partnership has been suspended; and

• (b) a patent attorney company does not cease to be a patent attorney company by reason only that registration of a director or shareholder of the company has been suspended.

(2) Despite subsection (1), a patent attorney company does not cease to be a patent attorney company by reason only that registration of a director or shareholder of the company has been suspended.

(3) A person whose registration is suspended is not entitled to be issued a registration certificate under section 196 until the end of the period of suspension.

(4) At the end of the period of suspension, the person’s registration, and his or her entitlement to a registration certificate, is immediately revived (unless his or her registration has been further suspended or removed under this Part).

(1) The Commissioner must comply with any applicable procedures under regulations for suspending or removing registrations.

(2) The Commissioner must record the suspension or removal in the register of patent attorneys.

(3) A person whose registration is suspended or removed is not entitled to a refund of any registration or renewal fees already paid.

Every patent attorney and patent attorney company is subject to the code of conduct approved and in force under this subpart.

(1) The purpose of the code of conduct is to provide, consistent with this Act, a standard of acceptable conduct for patent attorneys and patent attorney companies that may be used in the settling of disputes.

(2) The code of conduct may must contain minimum standards of care, competence, and conduct for patent attorneys and patent attorney companies.

The Institute must—

• (a) develop a code of conduct, for approval by the Board under section 204, that is consistent with section 202; and

• (b) in preparing a draft code of conduct, consult with—

  • (i) persons or groups that the Board directs (if any); and

  • (ii) any other persons that the Institute considers have an interest in its subject matter, including patent attorneys who are not members of the Institute (if any).

(1) The Board must, as soon as practicable after receiving a draft code of conduct for approval, either approve or decline to approve the draft code.

(2) The Board may decline to approve a draft code only if, in the Board’s opinion,—

• (a) the draft code is inconsistent with section 202; or

• (b) the Institute has not developed the draft code in accordance with section 203.

(1) The Board must, after approving a code of conduct, publish in the Gazette a notice stating—

• (a) the title of the code of conduct; and

• (b) the date on which the code was approved; and

• (c) that copies of the code are available for inspection, free of charge, on the Internet; and

• (d) a place or places at which copies of the code are available for purchase.

(2) The Board must ensure that copies of the code of conduct are available—

• (a) for inspection, free of charge, on the Internet; and

• (b) for purchase at reasonable cost at the place or places specified in the Gazette notice.

(3) The code approved under section 204 must be presented to the House of Representatives no later than 16 sitting days after the date on which it is approved.

(4) A code of conduct does not have any force or effect under this Act until 28 days after the date on which its approval is notified in the Gazette or any later date stated in the code.

The provisions of the code of conduct are regulations for the purposes of the Regulations (Disallowance) Act 1989, but are not regulations for the purposes of the Acts and Regulations Publication Act 1989.

An amendment to, or revocation and replacement of, a code of conduct must be made in the same way as the code must be made under this subpart, and sections 202 to 206 apply with all necessary modifications.

The disciplinary regime set out in sections 209 to 221 and in the regulations apply applies to—

• (a) every patent attorney:

• (b) every patent attorney company:

• (c) every person who was a patent attorney or patent attorney company at the time of the relevant conduct:

• (d) every person who is the subject of an order by the Board under the disciplinary regime.

(1) A person may complain in the prescribed manner about the conduct of a person to whom the disciplinary regime applies.

(2) The complaint must be in writing and contain the complainant’s name and contact details.

(3) The Board may also refer to the prescribed disciplinary regime any matter that arises out of its own inquiries or from information it receives about the conduct of a person to whom the disciplinary regime applies.

(4) Under that disciplinary regime, complaints and referrals must—

• (a) (unless dismissed on preliminary grounds set out in the regulations) be referred to a complaints assessment committee for investigation; and

• (b) (unless dismissed by the complaints assessment committee) be considered by a separate disciplinary committee; and

• (c) be otherwise dealt with in accordance with the regulations.

(1) The Board may give, in relation to any complaint, a direction that, within a time fixed by the Board, the parties to the complaint both—

• (a) explore the possibility of resolving, by negotiation, conciliation, or mediation, the complaint or those issues relating to the complaint specified by the Board; and

• (b) report to the Board.

(2) The Board must not give a direction under subsection (1) if it considers that the direction—

• (a) would not contribute constructively to resolving the complaint; or

• (b) would not, in all the circumstances, be in the public interest; or

• (c) would undermine the urgent nature of the complaint.

(3) If the parties reach an agreed settlement on the complaint or any issue involved in the complaint, the Board—

• (a) may record the terms of the settlement; and

• (b) may, by consent of the parties, declare all or some of the terms of the settlement to be all or part of a final determination of the complaint by the Board.

(4) No evidence of any admission, information, or statement disclosed or made in a negotiation, conciliation, or mediation entered into following a direction under this section is admissible in proceedings before the Board, a Board committee, a court, or a tribunal (but this does not affect evidence that is otherwise discoverable or admissible and existed independently of that negotiation, conciliation, or mediation).

(5) Any resolution, or part resolution, of a complaint under this section does not preclude the Board from exercising its powers under this Part in relation to the complaint.

(1) The Board, or any person authorised by the Board in writing to do so, may do 1 or more of the following things if the Board considers it reasonably necessary for the purposes of any investigation or inquiry under this subpart:

• (a) examine any papers, documents, records, or things:

• (b) require any person to produce for examination any papers, documents, records, or things in that person's possession or under that person’s control, and to allow copies of or extracts from any such papers, documents, or records to be made:

• (c) require any person to supply, in a form approved by or acceptable to the Board,—

  • (i) any information or particulars that it requires:

  • (ii) any copies of or extracts of from papers, documents, or records supplied or produced to it:

• (d) require any person to verify any written information or particulars or any copies or extracts supplied or produced to it under this section by statutory declaration or affidavit.

(2) The Board may on its own initiative, or on application of any party to the proceedings, and subject to any terms it thinks fit, order that any of the following material supplied or produced to it under this section be supplied to any person appearing before the Board:

• (a) any information or particulars:

• (b) a copy of the whole or any part of any paper, document, or record.

(3) Every person has the same privileges as witnesses have in a court in relation to—

• (a) the giving of information to the Board (or a Board committee) or authorised person:

• (b) the answering of questions put by the Board (or a Board committee) or authorised person:

• (c) the production of papers, documents, records, and things to the Board (or a Board committee) or authorised person.

(1) Every person commits an offence who—

• (a) wilfully obstructs or hinders the Board, any member of it, a Board committee, or any authorised person in any inspection or examination of papers, documents, records, or things under section 211; or

• (b) without sufficient cause, fails to comply with any requirement of the Board, a Board committee, or any authorised person made under section 211(1)(b) or (c); or

• (c) without sufficient cause, acts in contravention of or fails to comply with any order made by the Board or a Board committee under section 211(2) or any term or condition of the order.

(2) A person who commits an offence against this section is liable on summary conviction to a fine not exceeding $2,000.

(1) The Board may—

• (a) receive in evidence any statement, document, information, or matter that may, in its opinion, assist it to deal effectively with the matters before it, whether or not the material would be admissible in a court of law; and

• (b) receive evidence on oath; and

• (c) permit a person appearing as a witness before it to give evidence by tendering a written statement and verifying that statement by oath, statutory declaration, or otherwise.

(2) An inquiry before the Board (or a Board committee) is a judicial proceeding for the purposes of sections 108 and 109 of the Crimes Act 1961 (which relate to perjury).

(1) The Board may issue a summons to a person requiring that person to attend a hearing before the Board and to do all or any of the following matters:

• (a) give evidence:

• (b) give evidence under oath:

• (c) produce documents, things, or information, or any specified documents, things, or information, in the possession or control of that person that are relevant to the subject of the inquiry.

(2) The Board may require that any documents, things, or information produced under this section be verified by oath, statutory declaration, or otherwise.

(3) Sections 283 to 285 contain requirements for the summons and the offence of failing to comply with the summons.

(1) A summons issued by the Board under section 214 must be in writing, be signed by the Board, and state—

• (a) the date and time when, and the place where, the person must attend; and

• (b) the documents, things, or information that the person is required to bring and produce to the Board; and

• (c) the entitlement to be paid or tendered a sum in respect of witnesses’ fees, allowances, and expenses; and

• (d) the penalty for failing to attend.

(2) A summons may be served by—

• (a) delivering it personally to the person summoned; or

• (b) posting it to the person summoned at that person’s usual place of residence or address for service.

(3) A summons must,—

• (a) if it is to be served by personal delivery, be served at least 48 hours before the attendance of the person is required:

• (b) if it is to be served by post, be served at least 10 days before the attendance of the person is required.

(4) A summons that is posted is treated as having been served when it would have been delivered in the ordinary course of post.

(1) A witness appearing before the Board under a summons is entitled to be paid witnesses’ fees, allowances, and expenses in accordance with the scales prescribed by regulations under the Summary Proceedings Act 1957.

(2) The person requiring attendance of the witness must pay or tender to the witness the fees, allowances, and expenses at the time the requirement to attend is served or at some other reasonable time before the hearing.

(1) A person summoned to attend before the Board commits an offence if the person, without sufficient cause,—

• (a) fails to attend in accordance with the summons; or

• (b) does not give evidence when required to do so; or

• (c) does not give evidence under oath when required to do so; or

• (d) does not answer any question that is lawfully asked by the Board; or

• (e) does not provide any documents, things, or information that the summons requires the person to provide.

(2) A person who commits an offence against this section is liable on summary conviction to a fine not exceeding $2,000.

(3) A person must not be convicted of an offence against this section if witnesses’ fees, allowances, and expenses to which the person is entitled under section 214B have not been paid or tendered to him or her.

Every witness giving evidence, and every counsel or agent or other person appearing before the Board (or a Board committee), has the same privileges and immunities as witnesses and counsel in a court.

(1) The Board may (in relation to a matter raised by a complaint or by its own inquiries) make an order under section 217 if it is satisfied that—

• (a) both of the following apply:

  • (i) a patent attorney has been convicted, whether before or after he or she was registered, by any court in New Zealand or elsewhere of any offence punishable by imprisonment for a term of 6 months or more; and

  • (ii) the commission of the offence reflects adversely on the person’s fitness to practise as a patent attorney; or

• (ab) a patent attorney or patent attorney company has shared income with a lawyer or incorporated law firm—

  • (i) in circumstances other than those set out in the regulations; or

  • (ii) without complying with the conditions set out in the regulations; or

• (ac) a patent attorney or patent attorney company has acted in any way that, in the Board's opinion, indicates he, she, or it is not a fit and proper person or is otherwise unsuited to engage in practice as a patent attorney or patent attorney company; or

• (b) a patent attorney or patent attorney company has breached the code of conduct; or

• (c) a patent attorney has, for the purpose of obtaining registration or a registration certificate (either for himself or herself or for any other person),—

  • (i) either orally or in writing, made any declaration or representation knowing it to be false or misleading in a material particular; or

  • (ii) produced to the Board or Commissioner or made use of a document knowing it to contain a declaration or representation referred to in subparagraph (i); or

  • (iii) produced to the Board or Commissioner or made use of any document knowing that it was not genuine.

(2) The Board may make an order whether or not the person is still a patent attorney or patent attorney company.

(1) In any case to which section 216 applies, the Board may order—

• (a) that (in the case of a patent attorney) the person’s registration be removed, and may order either or both of the following:

  • (i) the person may not apply for re-registration before the expiry of a specified period:

  • (ii) the person must sell shares that he or she holds in a patent attorney company within a specified period (and, in this case, the patent attorney company does not cease to be a patent attorney company merely for the reason that the person continues to hold the shares for that period):

• (b) that (in the case of a patent attorney) the person’s registration be suspended for a period of no more than 12 months or until the person meets specified conditions relating to the registration (but, in any case, not for a period of more than 12 months) (a suspension order):

• (c) that the person be censured (a censure):

• (d) that the person must pay a fine to the Commissioner not exceeding $5,000 (a fine):

• (e) that the person must refund money or return money or property to a person specified in the order (a remedial order):

• (f) that the person must do, or pay for another person to do, a specified act or acts to remedy the complaint or other matter (a remedial order).

• (e) that the person do any of the following (in each case, a remedial order):

  • (i) reduce or cancel the fee of, or return the whole or any part of a fee already paid by, a person specified in the order in accordance with the order:

  • (ii) do, or pay for another person to do, a specified act or acts to rectify any error or omission or (if it is not practicable to rectify the error or omission) to provide relief, in whole or in part, from the consequences of the error or omission:

  • (iii) undertake specified training or other education, or otherwise remedy any deficiency in the competence or skills of the person, as specified in the order, within a specified period.

(2) The Board may make only 1 type of order under subsection (1) in relation to a case, except that it may make—

• (a) more than 1 remedial order; or

• (b) an order for a fine in addition to a suspension order or a censure; or

• (c) a remedial order in addition to a suspension order or a censure.

(3) No fine may be imposed in relation to an act or omission that constitutes an offence for which the person has been convicted by a court.

(1) In any case to which section 217section 216 applies, the Board may order the person to pay to the Commissioner the reasonable costs and expenses of either or both of the following:

• (a) any investigation or inquiry made, and any hearing conducted, by the Board in connection with that person:

• (b) administrative support provided by the Commissioner to the Board on the investigation, inquiry, or hearing.

(1A) In any case to which section 216 applies, the Board may order the person to pay the reasonable costs and expenses of the complainant incurred in respect of the investigation, inquiry, or hearing.

(2) The order may be entered as a judgment of the court and, with the leave of the court, may be enforced accordingly.

(1) The Board must notify the Commissioner, for recording in the register of patent attorneys,—

• (a) of any order it makes under section 217; and

• (b) of any decision of which the Board is notified that is a decision of the District Court or High Court court on an appeal from a decision of the Board.

(2) If the person does not exercise his or her right of appeal under section 222 or 229 within the applicable time limit or has unsuccessfully exhausted his or her rights of appeal under those sections, the Board may, in addition to notifying the Commissioner under subsection (1), publicly notify an order in any other way it thinks fit.

(3) The Commissioner, subject to section 233(3), must take any action necessary to give effect to an order of the Board in relation to the registration of a person on the register of patent attorneys.

A remedial order made under section 217 does not affect any right of the person who is entitled to receive money or property under that order to recover damages in respect of the same loss, but that order must be taken into account in assessing damages.

If the Board, acting in accordance with this Act and the regulations in relation to a disciplinary matter, makes an order or otherwise exercises any power in respect of any person who is or was a patent attorney, that order or other exercise of any power has effect whether or not that person remains on the register of patent attorneys as a patent attorney.

(1) A person may appeal to a District Court against any decision of the Board or the Commissioner under this Part.

(2) An appeal—

• (a) must be brought by way of notice of appeal in accordance with the rules of court; and

• (b) must be lodged within 20 working days after the date of the decision or within any further time the District Court allows on application made before or after the period expires.

A decision against which an appeal under section 222 is lodged continues in force pending the determination of the appeal unless the District Court orders otherwise.

(1) An appeal must be heard as soon as is reasonably practicable after it is lodged.

(2) An appeal is by way of rehearing.

(3) On hearing the appeal, the District Court—

• (a) may confirm, reverse, or modify the decision appealed against; and

• (b) may make any other decision that the Board or Commissioner could have made.

(4) The District Court must not review—

• (a) any part of a decision not appealed against; or

• (b) any decision not appealed against at all.

(1) A person may appeal to the court against any decision of the Board or of the Commissioner under this Part.

(2) An appeal must be brought—

• (a) in accordance with the rules of court; and

• (b) within 20 working days after the date of the decision, or within any further time the court allows on application made before or after that period expires.

Except as provided in section 229, the decision of the District Court court on an appeal is final.

(1) Instead of determining an appeal, the District Court may direct the Board or Commissioner to reconsider, either generally or in respect of any specified aspect, the whole or any part of the decision.

(2) In giving a direction under subsection (1), the court—

• (a) must state its reasons for the direction; and

• (b) may give any other directions it thinks just as to the matter referred back for reconsideration.

(3) The Board or Commissioner, after receiving a direction to reconsider,—

• (a) must reconsider the matter; and

• (b) in doing so, must—

  • (i) take the court’s reasons into account; and

  • (ii) give effect to the court’s directions.

On an appeal, the District Court may order any party to the appeal to pay to any other party to the appeal any or all of the reasonable costs incurred by the other party in respect of the appeal.

(1) On any appeal, the District Court court may, if in its opinion it is proper to do so, prohibit the publication of the name or particulars of the affairs of a patent attorney, patent attorney company, or any other person.

(2) In deciding whether to make an order under subsection (1), the District Court court must have regard to—

• (a) the interests of any person (including, without limitation, the privacy of any complainant); and

• (b) the public interest.

(1) A party to an appeal may appeal to the High Court Court of Appeal against any determination question of law arising in the appeal.

(2) The appeal must be heard and determined in accordance with the appropriate rules of court.

(3) Part 4 of the Summary Proceedings Act 1957 (together with the other provisions of that Act that are applied in that Part) applies to the appeal—

• (a) so far as it is applicable and with all necessary modifications; but

• (b) only so far as it relates to appeals on questions of law.

(4) Subsection (3) overrides subsection (2).

(1) The Commissioner must keep, in New Zealand, a register of patent attorneys in accordance with this Act and the regulations.

(2) Section 253 of the Patents Act 2008 provides for the Commissioner’s certificate to be prima facie evidence of matters relating to the register and registration of patent attorneys.

The purpose of the register of patent attorneys is to—

• (a) enable persons who search the register in accordance with this Act to—

  • (i) know whether a person is registered as a patent attorney, and to know what the status of the person’s registration is and whether he or she has a current registration certificate; and

  • (ii) find out the contact address and address for service of a patent attorney; and

  • (iii) know whether a patent attorney has been disciplined in the last 3 years; and

• (b) facilitate the functions of the Commissioner and Board under this Act.

The register of patent attorneys may be—

• (a) an electronic register; or

• (b) kept in any other manner that the Commissioner thinks fit.

(1) The register of patent attorneys must contain the information referred to in subsection (2), to the extent that it is relevant, for each patent attorney (including those with suspended registrations).

(2) The information that must be contained in the register is—

• (a) the full name and contact address of the person; and

• (b) the New Zealand address for service of the person; and

• (c) the following matters on the status and history of the person’s registration:

  • (i) the date on which the person was registered; and

  • (ii) the period for which the most recent registration certificate was issued or the date on which it will expire; and

  • (iii) any order made on a disciplinary matter in the last 3 years; and

  • (iv) any other suspension that is current, the ground under this Act for the suspension, its period, and any conditions for its termination; and

• (d) any information the Commissioner considers necessary or desirable for the purposes of the register.

(3) The Commissioner may publicly notify in the register an order made on a disciplinary matter only if—

• (a) the person has not exercised any right of appeal under section 222 within 20 working days after the date of the decision or under section 229 within the applicable time limit; or

• (b) the person has exhausted a right of appeal that has been exercised under this Part.

A person may search the register of patent attorneys in accordance with this Act and the regulations.

A patent attorney must inform the Commissioner of any changes to his or her name, contact address, or address for service within 3 months after that change.

(1) The Commissioner may, at any time, make any changes to the register of patent attorneys that are necessary to—

• (a) reflect any changes to any particulars of a person or the information that must be contained in the register under section 233; or

• (b) correct an error or omission on the part of the Commissioner or any other person.

(2) If the Commissioner makes a change to the register of patent attorneys under subsection (1)(b), the Commissioner must send written notification to the affected person before making the change.

The Patent Attorneys’ Standards Board of New Zealand is established.

The functions of the Board are—

• (a) to determine the examinations or courses in the subjects or subject groups that are required to qualify for registration:

• (b) to conduct examinations for patent attorney candidates, or accredit other persons to provide courses of study or conduct examinations (or both), in those subjects or subject groups:

• (c) to assess the qualifications and experience held by candidates for registration against the requirements under this Part or the regulations, and certify candidates as meeting those requirements when appropriate:

• (d) to publish (whether by electronic means or otherwise) information related to the Board’s functions under this Part or the requirements relating to patent attorneys under this Part or the regulations:

• (e) to review the draft code of conduct and, if it meets the statutory requirements, approve the code of conduct in accordance with this Part:

• (f) to receive, investigate, and hear complaints about, and to inquire into the conduct of, and to discipline, patent attorneys and patent attorney companies in accordance with this Part:

• (g) to carry out other functions, duties, and powers conferred on the Board by this Act and the regulations:

• (h) any functions that are incidental and related to, or consequential on, the other functions set out in this section.

The membership of the Board consists of—

• (a) the Commissioner; and

• (b) an Assistant Commissioner of Patents who is nominated by the Commissioner; and

• (c) no fewer than 2 persons to be nominated by the Institute and appointed by the Minister; and

• (d) at the option of the Minister, 1 person appointed by the Minister.

Schedule 1 applies to the Board and its members.