such application shall likewise submit to the law society concerned, if
any, such copy and copies.
24.
Persons entitled to practise as patent agents and patent attorneys.
(1)
Subject to the provisions of section 22, no person shall—
(a)
(b)
practise as a patent agent or a patent attorney unless he is
registered as such under section 20; or
in any manner hold himself out as a patent agent or patent
attorney or use any words or any name, title or description
indicating, or calculated to lead persons to infer, that he is a
patent agent or patent attorney or is recognized as such by
law, unless—
(i)
he is registered as a patent agent or patent attorney
under section 20; or
(ii)
he practises as an attorney in partnership with a person
who is registered as a patent attorney under section 20.
(2)
Nothing in this Act contained shall be construed as preventing any
practising attorney from instructing and corresponding with an agent,
for and on behalf of any other person, in regard to any matter or
proceedings under this Act, provided such attorney acts merely as an
intermediary between such person and such agent and otherwise
does nothing which only an agent may do under this Act.
(3)
Notwithstanding anything to the contrary contained in this Act, a
patent agent mentioned in section 20 and in the employment of a
person who is not an agent, may represent that person or any person
designated by that person in any matter or proceedings under this Act.
(4)
Any person whose name has been removed from the register of
patent agents or patent attorneys or who has been suspended from
practising as a patent agent or patent attorney, shall not while his
name is so removed or while he is so suspended, practise as a patent
agent or patent attorney by himself or in partnership or association
with any other person, and shall not, except with the written consent of
the registrar after notice to the South African Institute of Intellectual
Property Law as prescribed, be employed in any capacity connected
with the profession of a patent agent or patent attorney.
(5)
Except with the written consent of the registrar, after notice to the
South African Institute of Intellectual Property Law as prescribed, no
agent shall knowingly employ in any capacity whatsoever any person
whose name has been removed from the register of patent agents or
patent attorneys or who has been suspended from practising as a
patent agent or patent attorney, while such person’s name is so
removed or such person is so suspended.
(6)
Any person who contravenes any provision of this section shall be
guilty of an offence and on conviction liable to a fine not exceeding
R1 000 or to imprisonment for a period not exceeding 12 months.
(7)
The registrar or the South African Institute of Intellectual Property Law
shall have right to apply to the commissioner for an interdict and other