The clinics will be held at Harmsworth House, 13-15 Bouverie Street, London EC4 on the first Thursday of each month between 5.00 pm and 6.30 pm. Each free session will last up to half an hour.

In their joint response, Stephen James, President of ITMA (the Institute of Trade Mark Attorneys) and Bruce Alexander, President of CIPA (the Chartered Institute of Patent Agents) said:

“The Institutes believe that, in view of their specialist qualifications and experience, there should be opportunities in the Patents Court and County Courts (including the Community Trade Mark Courts and Patents County Court) for their Members to sit in a judicial capacity in appropriate intellectual property cases, including in Appeals from the Patent Office and Trade Marks Registry.”

The Institutes had expressed their concerns earlier in the consultation exercise that the definition of the term “lawyer” was too limited and could exclude Members of ITMA and CIPA.

Lord Filkin had commented to the Institutes that “I believe it is essential that the judicial appointments process should be open to all who can demonstrate the relevant skills and experience …I can see that there might be a case for Trade Mark Attorneys and others in specialised positions to be considered for judicial appointment.”

However, Dr. James and Mr. Alexander said “the Institutes remain concerned that the paper refers throughout to diversity amongst “lawyers” and that on any prima facie reading that term has a limited definition in the context of the paper.” They asked that Members of their respective Institutes be specifically included in the definition.

On the question of becoming a Judge, Dr. James and Mr. Alexander said “We consider that experience and a demonstrated ability to act judicially should be the principal criteria and that if the criteria are to require a right of audience then this should extend to Members of any profession afforded audience rights, such as CIPA and (in due course) ITMA.”

They added “There should be provision to allow the appointment to be for a limited area of expertise and in specialist Courts appropriate to the experience of the candidate. In the case of ITMA and CIPA candidates, this would be for intellectual property cases in the High Court and the County Courts.”

The full response of the two Institutes is available on their respective websites www.itma.org.uk and www.cipa.org.uk.

NOTES FOR EDITORS

1. The Institute of Trade Mark Attorneys (ITMA) is the UK body dedicated to the protection of trade marks. It has over 1,600 members and is one of the few professional bodies of practitioners concerned primarily with trade mark matters throughout the world. For further information contact the Institute office at ITMA, Canterbury House, 2-6 Sydenham Road, Croydon, Surrey, CRO 9XE. (Tel: 020 8686 2052) or visit the website www.itma.org.uk.

2. The Chartered Institute of Patent Agents (CIPA) is a professional body representing Patent Attorneys in the UK. CIPA was founded in 1882 and incorporated by Royal Charter in 1891. CIPA is therefore a recognised and established part of the legal profession in the UK. For further information contact CIPA, 95 Chancery Lane, London, WC2A 1DT (Tel: 020 7405 9450).

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