Article 78

Professional representation

  1. Representation of natural or legal persons in proceedings before the Office under this Regulation may only be under taken by:
    (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.
  2. The persons referred to in paragraph 1(c) shall only be entitled to represent third persons in proceedings on design matters before the Office.
  3. The implementing regulation shall provide whether and under what conditions representatives must file with the Office a signed authorisation for insertion on the files.
  4. Any natural person may be entered on the special list of professional representatives in design matters, if he fulfils the following conditions:
    (a) he must be a national of one of the Member States;
    (b) he must have his place of business or employment in the Community;
    (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.
  5. 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.
  6. 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.
  7. The conditions under which a person may be removed from the list shall be laid down in the implementing regulation.