ItMA
On November 24, 2009, the Institute of Trade Under the new system, anyone seeking advice working practices with an ethical code of conduct
Mark Attorneys (ITMA) celebrated its 75
th
about trademarks, designs and copyright will and have at least minimum levels of insurance.
anniversary. As part of the celebrations, we put be assured that when they consult regulated Full details of the code are available on the
together a collection of articles chronicling our trademark attorneys, they are dealing IPReg website.
activities over those 75 years. It was a fascinating
professionals who meet strict standards and work
Although complaints against trademark attorneys
exercise to see how a relatively small organisation
to an ethical code of conduct. They can also be
are rare, it is recognised that there may occasionally
such as ours has coped with the massive changes
confident that there are clear lines of complaint
be dissatisfaction with the service and a clear line
in laws and practices since our incorporation
to an independent body. Patent attorneys also fall
of complaint is required when a consumer cannot
back in 1934.
under the remit of IPReg.
resolve the dispute with the attorney or firm
We are now looking to the future. Perhaps the
IPReg has responsibility for trademark attorneys
involved. In the past, the ITMA was responsible
biggest challenge facing the profession in the
who are listed on its official register. The register
for dealing with complaints against its members.
coming years is the introduction of regulation
can be accessed at
www.ipreg.org.uk. Anyone
Information on how to complain to IPReg is
that was enshrined in the Legal Services Act
practising in the field who is not on the official
available on its website. In the event of continuing
of 2007. During the course of 2009, the ITMA,
register will not come under the purview of
dissatisfaction, there is provision to refer complaints
together with the Chartered Institute of Patent
IPReg and will be unregulated. This goes against
to the Office for Legal Complaints (OLC).
Attorneys, our sister organisation, established the
the philosophy behind the Legal Services Act,
Intellectual Property Regulation Board (IPReg), as
one aim of which is to ensure a better deal Clients have a right to know that they are being
for consumers. advised by people who are fully qualified as
an independent body. During the course of 2009,
trademark attorneys and that the knowledge,
that body developed procedures and working
The UK is at the forefront of regulating legal
skills and expertise that they need to pass the
practices that will enable it, from January 2010,
services and the establishment of IPReg is
professional examinations are maintained at
to take responsibility for all regulatory functions
believed to be the first instance in Europe of
a high level. IPReg is responsible not only for
associated with trademark and patent attorneys.
trademark attorneys coming under independent
overseeing the professional qualification of
IPReg is chaired by Michael Heap, who works
regulatory control. This gives overseas registrants
trademark attorneys, but also for ensuring that
alongside chief executive officer Ann Wright. The
a clear signal that the UK is well placed to act on
they comply with stringent requirements for
organisation falls within the purview of the Legal
their behalf and gives the UK profession a head
continuing professional development. The ITMA
Services Board. start over its European rivals.
has been fully supportive of regulation, though
IPReg will provide clients who use trademark The first priority of IPReg has been to establish a there are very few complaints levied against its
attorneys under its regulation with a better deal code of conduct for the professions. This ensures members. The government has, against some
than if they use unregulated advisors. that trademark attorneys conform to agreed expectations, taken on board the organisation’s
30 World Intellectual Property Review Digest 2009
www.worldipreview.com
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