Individuals who apply to be entered onto the Registers of Patent and/or Trade Mark Attorneys on or after 1st January 2013 are required to attend and pass a basic litigation skills course from an IPReg accredited course provider either prior to qualification or within 3 years from the end of the calendar year when they are first entered onto the relevant register. Upon having passed the course the individual can apply to IPReg to be awarded the Intellectual Property Litigation Certificate.
IPReg accredited the Litigation Module of the full Nottingham Law School Professional Certificate in Trade Mark Practice in 2012. This means that Trade Mark Attorneys holding the full Nottingham Law School Professional Certificate in Trade Mark Practice conferred after 1 January 2013 are automatically awarded the Intellectual Property Litigation Certificate. Earlier courses do not automatically confer this award.
Accredited course providers will supply details of successful attendees directly to IPReg. IPReg uses this information to monitor compliance with these provisions and to update the Patent and Trade Mark Attorney Registers to indicate that such individuals are eligible to exercise the various rights provided for in the Rights to conduct Litigation and Rights of Audience and Other Reserved Legal Activities Certification Rules 2012. Attorneys who do not comply with the requirement to obtain the Intellectual Property Litigation Certificate may face disciplinary action. If, due to extenuating circumstances, attorneys are unable to comply with the requirement to obtain the Litigation Certificate they should contact us via their online IPReg account and apply for an extension of time.
Courses accredited for the “basic” litigation qualification are currently being offered by:-
Newly-qualified attorneys applying to be entered onto the Register who provide evidence to IPReg that they have already acquired a right to conduct civil litigation (for example because they are a qualified barrister or solicitor) will be exempted from the requirement to attend a basic litigation skills course.
If an attorney obtains an IPReg Higher Courts Litigation Certificate within 3 years of qualification they will be exempted from the requirement to attend a basic litigation skills course.