ITMA
ITMA EXPECTS TO SEE A NEW BREED OF QUALIFIED TRADEMARK ATTORNEYS SOON COMING THROUGH. THEY WILL POSSESS THE CORE KNOWLEDGE AND SKILLS REQUIRED TO TACKLE THE REAL BUSINESS WORLD.
Te intellectual property (IP) profession never stands still. Te Institute of Trade Mark Attorneys (ITMA), its members and the profession are expecting 2012 to be every bit as challenging as 2011, with more practice and regulation changes to influence and implement.
Regulation: development continues
It has been almost two years since ITMA formally separated its obligations as an approved regulator under the UK Legal Services Act 2007 from its representational functions with the launch of the Intellectual Property Regulation Board (IPReg). Regulation continues to occupy the minds of IP professionals and ITMA. Te focus is on ensuring that the regulatory provisions and policies that are developed by IPReg and the Legal Services Board are proportionate and fair on registered trademark attorneys and ITMA members.
Alternative business structures (ABS), which enable any ‘fit and proper’ person or company to set up legal service providers, are beginning to take off as a new regulatory opportunity. ITMA is keen to ensure that those firms that primarily operate in the IP sector but may fall under the definition of an ABS, or indeed may wish to
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become an ABS in the future, can be regulated by an IP specialist regulator. Tis is why ITMA and the Chartered Institute of Patent Agents (CIPA) are jointly applying to become a licensing authority for ABS.
During 2011, IPReg published a consultation paper on replacing the CIPA High Courts Qualification Regulations and the ITMA Trade Mark Litigator and Trade Mark Advocate Certificate Regulations. Tere will be positive changes as a result of this and ITMA has said that the former discrepancies between the rights of patent and trademark attorneys should be removed. Te new regime should harmonise litigation rights by applying the same rights to all IP attorneys.
Growth
A core aim of ITMA is to develop and grow the IP profession. ITMA strongly believes that IP adds considerable value to the UK’s economy and economies worldwide. Te trademark profession is an important part of this. Te institute is keen to ensure that the IP profession is strongly represented by high quality practitioners, in the UK and throughout the world, who are recognised for making a difference and a contribution. ITMA
developed a new route to qualification in the UK. Tis is now operational and ITMA expects to see a new breed of qualified trademark attorneys soon coming through. Tey will possess the core knowledge and skills required to tackle the real business world.
Te challenge for the IP profession is to maintain its high standards. ITMA members will continue to provide a diverse range of skills and services to match the needs of clients, ranging from one-man bands and small and medium enterprises (SMEs) to large multinational companies. To achieve this, ITMA is providing more core educational events for its members (and for regulated IP professionals to gain their mandatory Continuing Professional Development hours). Te institute is also working to provide education in the non-core skills, such as employment, business practices, accounting and other elements of working life.
Many of ITMA’s members are involved in domain name work, which is a growing area. With the evolution of .xxx and other top-level domains, domain name disputes are becoming more prevalent. ITMA is busy educating its members in domain name management and disputes.
World Intellectual Property Review e-Digest 2012 25
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