The situation of individual agency cases

Legal analysis: 1, with civil capacity.

2. When entrusting an agent ad litem, a power of attorney signed or sealed by the client must be submitted to the court. The power of attorney must specify the entrusted matters and authority. An agent ad litem must have the special authorization of the client, and can admit, waive or change the claim, make a settlement, file a counterclaim or appeal on his behalf.

3. The power of attorney sent or entrusted by China citizens living abroad must be certified by the embassy or consulate of China in that country; If there is no embassy or consulate, it shall be certified by the embassy or consulate of a third country that has diplomatic relations with China, and then by the embassy or consulate of China in the third country, or by the local patriotic overseas Chinese organizations.

Legal basis: Article 58 of the Civil Procedure Law of People's Republic of China (PRC), the parties and legal representatives may entrust one or two persons as agents ad litem. The following persons may be entrusted as agents ad litem:

(1) Lawyers and grassroots legal service workers;

(2) Close relatives or staff members of the parties concerned;

(three) citizens recommended by the community, units and relevant social groups where the parties are located.

The Supreme People's Court's Interpretation of the Application of the Civil Procedure Law of People's Republic of China (PRC) Article 87 According to the provisions of Item 3, Paragraph 2, Article 58 of the Civil Procedure Law, if a social organization recommends a citizen as an agent ad litem, it shall meet the following conditions:

(1) Social organizations are non-profit legal person organizations registered or exempted from registration according to law;

(2) The principal is a member of the social group, or the domicile of one party is located in the activity area of the social group;

(3) Agency affairs belong to the business scope stipulated in the articles of association of social organizations;

(4) The recommending citizen is the person in charge of the social organization or a staff member who has legal labor and personnel relations with the social organization.

Patent agents, recommended by the All-China Patent Agents Association, can act as litigation agents in patent dispute cases.