traineeship ordinance
The general meeting of the Netherlands Institute of Patent Attorneys;
Whereas it is desirable to lay down rules relating to the training of trainees as patent attorneys;
Considering Article 23h, third paragraph of the Patent Act 1995 (Rijksoctrooiwet 1995);
Considering the recommendations of the Supervisory Council;
Adopts the following ordinance:
Definitions
Art. 1
The following definitions apply in this ordinance:
a. The Council: the Supervisory Council;
b. The Board: The board of the Netherlands Institute of Patent Attorneys
c. The patent attorney: the patent attorney entered in the register;
d. The trainee: a patent attorney in training who complies with the admission requirements for the examination as set out in article 27a, paragraph 1 of the Implementation Decree Patent Act 1995 (Uitvoeringsbesluit Rijksoctrooiwet 1995) (or has obtained an exemption under this art 27a, paragraph 2);
e. The patron: the patent attorney under whose supervision the trainee is being trained;
f. The patronage is the relationship between trainee and patron during the trainee's training as a patent attorney;
g. The external patron: the patent attorney under whose supervision the trainee is trained outside the patent attorney's office;
h. The external patronage: the patronage whereby the trainee does not work for the same office as the patron;
i. The traineeship: the period during which the relationship between the patron and the trainee as described in article 23a of the Patent Act 1995 continues;
j. The register: the register of patent attorneys;
k. The law: Patent Act 1995 (Rijksoctrooiwet 1995).
The traineeship
Art. 2
The traineeship commences on the day on which the trainee commences his/her traineeship work under the supervision of a patron. The patron will notify this start date to the Board without delay.
The patron's obligations
Art. 3
1. The patron is obliged to cooperate to the best of his/her ability with the training of the trainee during the traineeship as set out in this ordinance.
2. The patron will give the trainee instructions, information and advice relating to the handling of patent applications in the broadest sense of the word. He/she thereby pays particular attention to the introduction of the trainee to and then to his/her performance with respect to fellow professionals and clients.
3. The patron will enable the trainee who is employed by him/her, by his/her office or by his/her firm to follow an agreed training course to prepare for the examinations during office hours with retention of salary.
The trainee's obligations
Art. 4
1. The trainee who has not yet passed the examination specified in article 23a of the Act nor has been granted an exemption from the obligation to sit the examination under Article 23a paragraph 5 of the Act is obliged to actively prepare for that examination.
2. The trainee must follow the instructions given to him/her by the patron as described in article 3 paragraph 1.
3. Unless stipulated otherwise by or under the law the trainee is obliged to keep confidential everything of which he/she becomes aware as a result of his/her work in that capacity. This obligation will continue after the end of the work in question.
4. The trainee is obliged to abide by the ordinances specified in article 23h paragraph 4 of the Act.
External patronage
Art. 5
1. A person who wants to perform patent work as a trainee outside the office of a patent attorney as described in article 23h paragraph 3 of the Act will submit an application to the Supervisory Council for the appointment of a patent attorney as his/her external patron. This request must be accompanied by a declaration by the patent attorney in which he/she declares him/herself prepared to act as external patron for this person.
2. If a person has failed to find a patent attorney who is willing to act as his/her external patron despite demonstrable intensive efforts, this person can ask the Board to intercede in finding an external patron.
3. The Council will only appoint the patent attorney as an external patron as described in the first paragraph, under further conditions to be stipulated where necessary, if in the opinion of the Council the request or the declaration shows that suitable training of and practical experience for the trainee during the traineeship is adequately guaranteed.
4. If a patent attorney wishes to charge a fee to the trainee for his/her efforts as an external patron, the fee must be in reasonable proportion to the time spent by him/her on the external patronage.
Part-time
Art. 6
1. For trainees who work part-time the duration of the traineeship will be extended proportionately.
2. A trainee who wishes to work on the basis of the provisions of the first paragraph must inform the Board of this in advance.
Premature termination and suspension of the traineeship
Art. 7
1. The traineeship will terminate prematurely:
a. By mutual agreement between the patron and trainee;
b. Following notice of termination from the trainee;
c. Following notice of termination from the patron;
d. On the grounds of serious dereliction of duty to be established by the Council;
2. The patron will notify a premature termination as described in the preceding paragraph at a, b and c to the Board without delay.
3. The appointment of the external patron will be suspended if it is found that the conditions stipulated by or under this ordinance are no longer being met.
4. The traineeship is legally suspended during the time that the trainee has no patron.
