(1)
| (a) |
The name of any person registered or deemed to be registered as a patent agent or patent attorney under section 20 may, after notice as prescribed to the South African Institute of Intellectual Property Law and the law society concerned, if any, which shall be entitled to be heard, be removed, at his own request, by the registrar from the register of patent agents or patent attorneys. |
| (b) |
The name of any person registered or deemed to be registered as a patent agent or patent attorney under section 20 may, on the application of— |
| (i) |
the registrar, after notice as prescribed to the South African Institute of Intellectual Property Law and the law society concerned, if any, which shall be entitled to be heard; or |
| (ii) |
the South African Institute of Intellectual Property Law, after notice as prescribed to the law society concerned, if any, which shall be entitled to be heard, be removed by the court from the register of patent agents or patent attorneys by reason of such conduct as the court may consider sufficient to justify such removal. |
| (2) |
The name of a person registered as a patent attorney under section 20 shall be removed from the register of patent attorneys by the registrar if and as long as his name is removed from the roll of attorneys. |
| (3) |
A person registered as a patent attorney under section 20 shall be deemed to be suspended from practising as patent attorney if and as long as he is suspended from practising as an attorney. |
| (4) |
The court may on the application of— |
| (a) |
the registrar, after notice as prescribed to the South African Institute of Intellectual Property Law and the law society concerned, if any, which shall be entitled to be heard; or |
| (b) |
the South African Institute of Intellectual Property Law, after notice as prescribed to the law society concerned, if any, which shall be entitled to be heard, |
suspend for a specified period any person registered or deemed to be registered as a patent agent or patent attorney under section 20, from practising as a patent agent or patent attorney, if the court is satisfied that such person is not a fit and proper person to continue to practise as a patent agent or patent attorney, as the case may be.
| (5) |
If in any proceedings in terms of subsection (1)(b) or (4) the court is satisfied that the relevant conduct of the patent agent or patent attorney concerned does not justify the removal of his name from the register of patent agents or patent attorneys or his suspension from practice, the court may reprimand him or order him to pay a fine not exceeding R1 000. |
| (6) |
Subject to the provisions of subsection (2), on application to the court for the restoration to the register of patent agents or patent attorneys of any name which has been removed therefrom, and after notice as prescribed to the registrar, the South African Institute of Intellectual Property Law and the law society, concerned, if any, who and which shall be entitled to be heard, such name may be restored to such register on such conditions as the court may determine. |
| (7) |
The registrar of the court which issues any order under this section, shall transmit a copy of that order to the registrar, who shall publish it in the journal. |
| (8) |
The registrar, in making any application in terms of this section, shall at least one month prior to the date of such application submit to the South African Institute of Intellectual Property Law and to the law society concerned, if any, a copy of such application together with copies of all documents referred to therein or connected therewith, and the South African Institute of Intellectual Property Law in making such application shall likewise submit to the law society concerned, if any, such copy and copies. |
Basic Conditions of Employment Act, 1997
