European Patent Office

D 0008/82 (Breach of rules of professional conduct) of 24.02.1983

European Case Law Identifier
ECLI:EP:BA:1983:D000882.19830224
Date of decision
24 February 1983
Case number
D 0008/82
Petition for review of
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Language of proceedings
German
Distribution
Published in the EPO's Official Journal (A)
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Abstracts for this decision
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Headnote

1. In disciplinary proceedings, a professional representative's obligations extend beyond merely supplying information pursuant to Article 18 of the Regulation on discipline for professional representatives ("the Regulation") to co-operating generally, since the proceedings also serve his interest, that is, to uphold or restore his professional dignity, within the meaning of Article 1(2) of the Regulation.

2. The Disciplinary Committee has the power to refer a matter to the Disciplinary Board to determine whether his conduct constitutes contempt of the Disciplinary Board that must be sanctioned.

3. The obligation to be truthful under Article 1(1), second sentence, of the Regulation applies not only to the exercise of the profession but also to statements in disciplinary proceedings.

Relevant legal provisions
Regulation on discipline for professional representatives Art 1(1)Regulation on discipline for professional representatives Art 18Regulation on discipline for professional representatives Art 4(1)
Keywords
Breach of rules of professional conduct
Unauthorised advertising
Obligation to supply information
Obligation to be truthful
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ORDER

For these reasons, it is decided that:

1. The Decision of the Disciplinary Committee of the Institute of Professional Representatives before the European Patent Office dated 23 July 1982 is revoked.

2. The matter is referred to the Disciplinary Board of the European Patent Office.

3. The decision as to the costs of the proceedings is reserved until the final decision is taken.