New IP Regulator to go live on 1 January 2010

The Intellectual Property Regulation Board (IPReg), which has been set up to regulate both trade mark and patent attorneys, will become fully activated by statute on January 1 2010, when the overall regulator for the  legal professions, the Legal Services Board, is formally granted the remainder of its regulatory powers.

The new regulatory framework has been enacted by Parliament to create a new focus for consumers in the delivery of legal services, with new oversight of regulators, greater choice for consumers and more effective redress if anything should go wrong.  The Legal Services Board has overall responsibility for the whole legal services sector, with the aim of putting the interests of consumers at the heart of the system,  including in such areas as accessibility of services, entry routes and planning for the diverse legal workforce of the future.

IPReg was set up as part of the reforms of the Legal Services Act 2007 which creates a new system for legal complaints and an ombudsman scheme to deal with all consumer complaints about legal services.  It also paves the way for lawyers, including trade mark and patent mark attorneys, to set up in partnership with other professionals and to be owned or take investment from outside companies or individuals.

According to Ann Wright, who was appointed chief executive of IPReg in November, the UK is at the forefront of regulating legal services.  “IPReg is believed to be the first instance in Europe of trade mark and patent attorneys coming under independent regulatory control,” she said. “This ensures that consumers, not only in the UK, but also those from overseas using UK attorneys, get a high level of service and appropriate means of redress in cases of dissatisfaction.  Although IPReg is a small board in comparison to others that are also going live on 1 January, I am sure that we will be able to contribute significantly to the models of best practice.” 

Gillian Deas, President of the Institute of Trade Mark Attorneys (ITMA) added that she was pleased that IPReg had met all its obligations and deadlines for a successful launch on 1 January.  “Meeting the requirements of the Legal Services Act has involved detailed deliberations between ITMA and CIPA” she said.  “Meeting the January deadline is a testament to our joint efforts and ability to work effectively together to meet the needs of consumers, as well as complying with the requirements of the Act.”

NOTES FOR EDITORS

Intellectual Property Regulation Board (IPReg)

1. IPReg was established by ITMA, the Institute of Trade Mark Attorneys and CIPA, the Chartered Institute of Patent Attorneys, in April 2009, as an independent body with responsibility to the Legal Services Board (LSB) to comply with the regulatory provisions of the Legal Services Act of 2007.  IPReg is responsible for trade mark and patent attorneys and firms of trade mark and patent attorneys who are listed on the official Registers covering each profession. The Registers can be accessed at www.ipreg.org.uk.

2. IPReg answers to the Legal Services Board, which oversees eight ‘Approved Regulators’, which in turn regulate individual lawyers and organisations. The eight approved regulators, designated under Part 1 of Schedule 4 of the 2007 Act, are the Law Society, the Bar Council, the Master of the Faculties, the Institute of Legal Executives, the Council for Licensed Conveyancers, the Institute of Trade Mark Attorneys, the Chartered Institute of Patent Attorneys and the Association of Law Costs Draftsmen.

3. For further information on IPReg contact Ann Wright, Chief Executive, on 020 7440 9371.

The Institute of Trade Mark Attorneys (ITMA)

4. The Institute of Trade Mark Attorneys (ITMA) was established in 1934 as the professional body representing those persons qualified to act for the owners of trade mark and allied intellectual property rights (in particular, registered designs) both nationally and internationally. It now represents the vast majority of UK registered trade mark agents and all UK Trade Mark & Design Litigators.

5. Currently ITMA has approximately 500 practising members; it also extends associate membership to professionals in related fields of law and overseas membership to foreign trade mark attorneys. Its total membership (all classes) is about 1600 members, primarily located in the United Kingdom and Europe, but also in more than 50 other countries.

6. ITMA is regularly consulted by UK government and by international bodies when questions affecting trade mark and allied intellectual property rights arise. It has regular meetings with the Intellectual Property Office (IPO), the Community Trade Marks Office (OHIM), the World Intellectual Property Organisation (WIPO) and other sister organisations in Europe and beyond. For more information visit www.itma.org.uk.

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