This paper provides a discussion of whether the current framework for professional responsibility in the trade marks and patent attorneys' profession in Australia is adequate.
Written in 2005; 2,748 words; 3 sources; APA; $ 82.95
Paper Summary:
In this article, the writer notes that it is generally accepted that the primary purpose of disciplinary proceedings regarding the conduct of professionals is not so much to punish the professional, as it is to protect the public. The writer points out that it is the intention of such proceedings to remove a perceived threat to public interest and public confidence in the profession. The basis for this rationale is the assumption that the public needs to be protected from the unscrupulous, and those incompetent and ignorant of the basic requirements of their profession. The writer looks at the current system in Australia and maintains that the present framework serves the basic needs of all stakeholders in an adequate manner, but that a better framework could be established, which more fairly caters to the needs of the other stakeholders. The writer concludes that even if the present framework is not substantially altered, improvements, such as allowing any third party to submit complaints, would help to improve the efficiency in which compliance by attorneys is monitored.
From the Paper:
"The enforceability of the Institute's Code of Ethics is based on contractual obligations rather than legislatively conferred power, and a breach of the Institute's Code of Ethics may result in revocation of membership. Compliance with the Institute's Code of Ethics is monitored by way of complaints being submitted.
"The framework provided by the Institute's Code of Ethics appears, however, to add little to the framework already in existence as provided by the Board and the Tribunal. The enforceability of the Code of Ethics, the efficiency in which compliance with the Code of Ethics is monitored, and the sanctions imposable upon a breach of the Code of Ethics appear no more effective than those already provided by the Code of Conduct prescribed by the Regulations and the Board."
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