- Representation of natural or legal persons in proceedings
before the Office under this Regulation may only be under
(a) any legal practitioner qualified in one of the Member States
and having his place of business within the Community, to
the extent that he is entitled, within the said State, to act as
a representative in industrial property matters; or
(b) any professional representatives whose name has been
entered on the list of professional representatives referred
to in Article 89(1)(b) of the Regulation on the Community
trade mark; or
(c) persons whose names are entered on the special list of
professional representatives for design matters referred to
in paragraph 4.
- The persons referred to in paragraph 1(c) shall only be
entitled to represent third persons in proceedings on design
matters before the Office.
- The implementing regulation shall provide whether and
under what conditions representatives must file with the Office
a signed authorisation for insertion on the files.
- Any natural person may be entered on the special list of
professional representatives in design matters, if he fulfils the
(a) he must be a national of one of the Member States;
(b) he must have his place of business or employment in the
(c) he must be entitled to represent natural or legal persons in
design matters before the central industrial property office
of a Member State or before the Benelux Design Office.
Where, in that State, the entitlement to represent in design
matters is not conditional upon the requirement of special
professional qualifications, persons applying to be entered
on the list must have habitually acted in design matters
before the central industrial property office of the said State
for at least five years. However, persons whose professional
qualification to represent natural or legal persons in design
matters before the central industrial property office of one
of the Member States is officially recognised in accordance
with the regulations laid by such State shall not be subject
to the condition of having exercised the profession.
- Entry on the list referred to in paragraph 4 shall be
effected upon request, accompanied by a certificate furnished
by the central industrial property office of the Member State
concerned, which must indicate that the conditions laid down
in the said paragraph are fulfilled.
- The President of the Office may grant exemption from:
(a) the requirement of paragraph 4(a) in special circumstances;
(b) the requirement of paragraph 4(c), second sentence, if the
applicant furnishes proof that he has acquired the requisite
qualification in another way.
- The conditions under which a person may be removed
from the list shall be laid down in the implementing regulation.