5.5. Persons required to exercise due care; requirements regarding due care
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  8. 5.5. Persons required to exercise due care; requirements regarding due care
  9. 5.5.2 Due care on the part of the professional representative
  10. g) Abandonment of application
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5.5.2 Due care on the part of the professional representative

Overview

g) Abandonment of application 

You are viewing the 9th edition (2019) of this publication; for the 10th edition (2022) see here

In T 1022/14 the board observed that abandonment of an application was a final action with serious consequences if misapplied. Thus for a decision to close a file and to abandon an application the utmost care had to be taken to establish whether the client had without any doubt issued instructions to that effect. The decision to abandon an application had to be taken by the representative himself, on the basis of his own observations and knowledge. This responsibility could not be delegated to employees, as decisions of this kind required the special knowledge of the representative for which he had to assume personal responsibility as a professional.

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