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In accordance with the decision of the Parliament:
An agent responsible for industrial orders may be authorised as provided for in this Act.
The Board of Industrial ombudsmen shall organise a substantive examination consisting of:
(1) a common part with separate sub-regional aspects of the industrial legal system and the ethics of agents;
(2) an industrial component with optional elements of patent law, trademark law and design rights.
A certificate shall be issued for the purpose of the Ombudsman's investigation. More detailed provisions on the organisation of the Ombudsman's certificate and the content of the certificate may be adopted by a decree of the Council.
The document shall be attended by a person who has been carrying out industrial orders for at least one year. In addition, a higher education diploma in the field of engineering or other appropriate higher education diploma is required, as well as a higher education qualification in law or law in the field of trademark law or design. Or other appropriate higher education diploma.
The Board of Industrial ombudsmen may grant exemption from the training requirement provided for in paragraph 1 to a person who has been carrying out industrial orders for a period of at least five years and has completed a degree which The panel considers it sufficient to indicate the amount of the applicant's data.
The Committee on Industry, Public Health and Consumer Policy considers that the examination of the examination of qualifications and the functioning of the examination system for the functioning of the Qualifications System has been carried out by the Ombudsman.
The file shall record the name, identification number, home and address of the person involved in the investigation and the name, outcome and date of the examination. Records shall be kept permanently in the register.
For the purposes of this law, the eligible person is a legal person of legal age who:
1) is not bankrupt and whose viability is not limited;
2) is reliable; and
(3) have successfully completed a qualification and examination of a diploma referred to in Article 2 for a maximum period of three years.
In the manner referred to in paragraph 1 (2), the person who has been sentenced to prison for the last five years in the last five years or in the last three years shall not be regarded as being liable to a penalty for a criminal offence which: Indicates that he is manifestly unfit to act as an authorized agent. In addition, the person is not considered to be trustworthy if, by way of otherwise, he has demonstrated that he is manifestly unfit for authority.
If the applicant fulfils the eligibility criteria set out in Article 5, the Industrial Ombudsman Board shall issue authority. The authorisation shall be granted for a period of five years. The authorisation shall be continued for five years at a time if the applicant continues to fulfil the requirements laid down in Article 5 (1) (1) and (2) and shows that the authority in force is in force in the capacity of the authorised agent.
An application for authorisation shall be submitted to the Industrial Ombudsman Board. The application for authorisation shall be accompanied, if requested, by the necessary explanations that the requirements referred to in Article 5 (1) are met. The notification of the continuation of the training shall provide proof that the requirements referred to in Article 5 (1) are still met. The notification shall be submitted to the Industrial Ombudsman Board no earlier than six and no later than three months before the period of validity of the authority expires.
A certificate of authority is issued. More detailed provisions on the content of the certificate may be adopted by a Council Regulation.
The professional title of a patent agent, a trade mark agent, a model law ombudsman or an industrial ombudsman may only be used by an authorised agent in accordance with Article 6.
The patent agent is required to have completed the Ombudsman's examination of the patent law referred to in Article 2 (1) (2), the proprietor of the trade mark, that he has carried out a trade mark law component, By the model rights officer, that he has carried out a subdivision of the design right and from the Industrial Ombudsman that he has carried out the areas of patent law, trademark law and design rights.
The Auktorised Advocate-General shall be honest and conscientious in fulfilling the proprietary industrial orders and his conduct in all its activities. The Auktorised Ombudsman shall in particular:
(1) treat the orders received with due diligence, punctuality, necessity and unnecessary costs;
(2) to maintain and develop their professional skills and to monitor the development of legislation, in particular with regard to their industrial forms of protection;
(3) refrain from taking part in the same case from two or more customers without their consent, provided that the interests or rights of the clients are contradictory or the possibility of a conflict of interest is obvious.
In addition, a consumer-friendly or anti-competitive procedure is provided for in the consumer protection law (38/1978) in Chapter 2 .
The Auktorised Ombudsman or his/her assistant shall not be allowed unlawfully to express his/her client's private or family secret or business or professional secrecy for which he or she has been informed. In addition, the authorised agent or his/her assistant shall not be permitted to disclose any other information which he/she has received from his client in the performance of his duties.
In the context of the Patents and Registration Board, the Industrial ombudsman Board, which is independent in its decision-making, shall act.
The Council of State sets the Industrial Ombudsman Board for a term of three years. The Board shall be composed of the Chairperson, the Vice-President and at least five and a maximum of nine other members. The proposal for the Chairperson and the Vice-Chair of the Board shall be drawn up by the Ministry of Employment and the Economy, after consulting the Patents and Registration Board. Each member shall, with the exception of the Chairperson and the Vice-Chairperson, be a personal alternate.
The chairman and the vice-chairman of the Committee on Industry, External Trade, Research and Energy should be well-versed in the industrial area, as well as higher education graduates, at least one of the higher education graduates in law.
One member of the Committee on Industrial ombudsmen and his/her alternate shall represent the Ministry of Employment and the Economy and the Government of the Patents and Registration of two members and their alternates. The two members and their alternates shall be authorised agents under this law. Other members must be familiar with the industrial area and represent a balanced representation of the expertise of the various industrial property rights.
The Ministry of Employment and the Economy shall lay down the criteria for the remuneration of the Chairperson, the Vice-Chair and the members of the Committee on Industry.
The Board of Industry shall have a quorum when the chairman of the meeting and at least half of the other members are present. The decisions of the committee shall be taken by a simple majority. In the event of a split vote, the opinion, supported by the President, shall be exactly the decision.
The Board of Industrial ombudsmen may act as one or more sections for the performance of its duties. More detailed provisions on the handling of cases in the Board may be laid down by a Council Regulation.
The Chairperson, the member and the staff member of the Committee on Industrial ombudsmen shall be subject to the provisions relating to criminal liability in the performance of their duties under this Act. Liability for damages is governed by the law on damages (1999) .
The Industrial Ombudsman Board shall ensure that the obligations laid down in this Act are complied with.
Without prejudice to the obligation of professional secrecy, the Auktorised Advocate-General shall make available to the Industrial Ombudsman Board the documents and information necessary for the purpose of monitoring.
The Auctorised Advocate General shall inform the Committee of the Industry Committee without delay of any substantial change in the conditions of his office or of any other circumstances affecting his activities.
The Industrial ombudsman Board shall remove the authority if the agent:
(1) calls for the withdrawal of authority in writing;
(2) has not notified the extension of authority in accordance with Article 6 (2); or
(3) has failed to pay the supervisory fee provided for in Article 19 (2) within a reasonable time after the non-payment has been made to him.
Where the authority of the agent has been removed pursuant to paragraph 1 (2) or (3), the authority may be restored upon request, provided that the applicant continues to fulfil the requirements laid down in Article 5 (1) (1) and (2). In the case referred to in paragraph 1 (2) of this Article, the re-establishment of the Authority in the case referred to in paragraph 1 of this Article shall also require the applicant to continue to act in the course of the Ombudsman's duties and in the case referred to in paragraph 3, that the applicant has completed his due Monitoring fees within three years of the removal of the authority.
The Industrial Ombudsman Board may issue a warning to an authorized agent if this is:
(1) negligence or negligence in breach of this law or of any provisions adopted pursuant to it; or
(2) infringed its obligations as an authorised agent.
Where there are mitigating circumstances in relation to the procedure referred to in paragraph 1 of an authorised agent referred to in paragraph 1, the Industrial Ombudsman Board may make a comment.
The Industrial ombudsman Board shall withdraw the authority if the agent:
(1) in the duties referred to in Article 8, dishonestly or otherwise, in breach of the provisions of this Act or of the provisions adopted pursuant to it, whether intentionally or through serious negligence;
(2) in spite of the warnings issued has repeatedly infringed its obligations as an authorised agent; or
3) no longer meets the eligibility criteria set out in Article 5.
If the deficiency referred to in paragraph 1 (3) can be remedied, the Industrial Ombudsman Board shall, before the decision to withdraw the authority, set a time limit for the Ombudsman concerned to remedy the deficiency.
When dealing with the issue of revocation of the Authority, the Board of Industrial ombudsmen may issue a warning or remark to an authorised agent if the conditions for withdrawal of authority are not fulfilled, but the Ombudsman's procedure shall be: In accordance with Article 15.
If the authority has been withdrawn pursuant to paragraph 1, the new authority may be issued when the applicant fulfils the eligibility criteria set out in Article 5. However, a client whose authority has been withdrawn pursuant to paragraph 1 (1) or (2) may not grant any new authority until three years have elapsed since the decision on the withdrawal was granted.
Article 7, contrary to Article 7, deliberately uses a professional title as a patent agent, a trade mark agent, an ombudsman or an industrial ombudsman, must be condemned: Unauthorised use of the professional title of an authorised agent Fine.
Penalties for breach of the obligation of professional secrecy laid down in Article 9 are punishable under criminal law (39/1889) 1 or 2, unless a heavier penalty is imposed in the rest of the law.
The court or tribunal shall send to the Industrial Ombudsman Board a copy of its decision referred to in paragraphs 1 or 2.
The Board of Industrial ombudsmen shall hold a register of authorised agents for the purpose of monitoring these activities and for the continuation of the authority and to ensure that those in need of industrial services are able to ascertain: In the case of authority.
The name, personal identification, home, address and work address of the authorised representative shall be entered in the register of documents, as well as information on the case-examination and the date of completion, the granting and extension of the authority On the date, withdrawal of authority pursuant to Article 14 (1) and the penalties imposed pursuant to Article 15 or Article 16 of the Authority. Records shall be kept permanently in the register.
Notwithstanding the provisions of the Law on Public Access (18/09/1999) Article 16 (3) provides that the Office of the Industrial ombudsman may, by means of an electronic network, publish information on the name, home municipality and address of the authorised agent. The data shall be deleted without undue delay, if the authority has been removed pursuant to Article 14 or withdrawn by a qualified decision. However, the authorised agent has the right to prohibit the publication of information concerning him.
A fee shall be paid for registration, authority and extension of authority in the case-law and in the register of agents, the assessment of authority and the extension of authority shall be made subject to a patent and By the law on the fees to be charged by the registry administrator (10/02/1992) And the acts adopted pursuant thereto.
Moreover, the Board of Patents and Registration also has the right to levy a supervisory fee of eur 250 for authorised agents to cover the costs of the activities of the Industrial ombudsman Board. The supervisory fee shall be paid for the year in which the agent is granted authority within the meaning of the law and in addition to each calendar year at which his authority is in force.
The decision of the Committee on Industrial ombudsmen refusing to take part in an agent's examination, the refusal of the examiner's examination or the application referred to in Article 6 (2) for the granting of authority or notification of authority Shall be rejected, shall require an adjustment from the Board of Appeal as in the Administrative Code (434/2003) Provides. The decision to amend the requirement of amendment may be appealed against by the administrative court, as in the case of administrative law (18/06/1996) Provides. An appeal to the decision of the Administrative Court may be brought before the Supreme Administrative Court only if the Supreme Administrative Court grants an appeal.
The decision on the control fee to be concluded by the Patents and Registration Board may require a corrigendum from the Patents and Registration Government as provided for in Chapter 7a of the Administrative Code. The decision on the request for adjustment shall be subject to appeal by the decision of the Helsinki Administrative Court as provided for in the Administrative Law. An appeal to the decision of the Administrative Court may be brought before the Supreme Administrative Court only if the Supreme Administrative Court grants an appeal.
It is the right of the person to whom, for the reason referred to in Article 15 or Article 16 (3), a warning or a comment has been made, or the authority of which, for the reason referred to in Article 14 (1) (3), has been deleted or withdrawn in accordance with Article 16 (1), is entitled to: Appeal against the decision to market law as provided for by the Law on Administrative Law. Appeal against the decision of the Supreme Administrative Court to the decision of the market.
More detailed provisions on the organisation of work in the Industrial Ombudsman Board may be adopted in the Rules of Procedure to be adopted by the Chairman of the Committee on Industry.
This Act shall enter into force on 1 July 2014.
This law repeals the law on patent agents (552/1967) .
Notwithstanding the provisions of Article 11 (3) concerning the appointment of members representing authorised representatives to the Committee on Industrial ombudsmen, for the first time in the case of a board of directors, two of its members shall be industrial Their mandate and represent a balanced representation of the expertise of the various industrial property rights.
Any natural person who, at the time of entry into force of this law, has been registered in the Patente and the Register of Patents may be authorised, even though he has not completed the examination referred to in Article 2. A natural person who has taken care of the trade mark or design rights of the Patente and Registration Board for a period of at least two years prior to the entry into force of this Act may also be adjective. Have completed the examination as referred to in Article 2. The application of the authority referred to in this paragraph shall be submitted within one year of the entry into force of the law in accordance with the procedure laid down in Article 6 (2).
Also a natural person who has applied for registration in the register of patent agents no later than three months before the entry into force of this Act, whose application has not yet been settled upon the date of entry into force of this Act and which, at the time of entry into force of this Act, The conditions of registration in force may be authorised, even if he has not completed the examination referred to in Article 2. Applications for the registration of the Patents and Registration Office during the last three months prior to the entry into force of this Act shall be submitted for examination.
Without prejudice to Article 7, the Patents and Registration Board of the Patents and Registration Board shall, without prejudice to Article 7, use the title of the professional title which it uses when the law enters into force. For a year from the entry into force of this Act. The same shall apply to a natural person who manages trademarks or design rights, whose service provision of a trade mark ombudsman or a model law ombudsman has been established.
THEY 89/2013 , TaVM 26/2013, EV 133/2013
