IPReg's Core Regulatory Framework sets out the Overarching Principles and Code of Conduct for all regulated persons. These are in force from 1 July 2023.
Regulated persons have until 31 October 2023 to ensure they are in full compliance with IPReg's transparency requirements set out in the Code of Conduct, paragraphs 1.1 and 1.2. Please see the associated Transparency and Cost guidance.
IPReg will also be taking a transitional approach to the enforcement of the new continuing competence arrangements, acknowledging they present a significant change from the former 16 hour requirement. All attorneys will be required to confirm in their annual returns that they have reflected on their competence throughout the year, and should be in a position to provide evidence to demonstrate this, if asked.
IPReg will be unlikely to take enforcement action against an attorney who can demonstrate they have sought to comply with the new continuing competence rules in relation to the 2023 practice year, even if the evidence they provide does not suggest they are in full compliance. An attorney who makes no attempt to show they have reflected on their practice and taken steps to address any development needs, may still face disciplinary action. IPReg expects that the new arrangements will be sufficiently embedded by the end of 2024 that the transitional approach to enforcement will no longer be warranted beyond that year.
If IPReg receives a complaint about a regulated person's conduct, the rules that are in force at the time of the alleged misconduct will prevail. For example, if IPReg receives a complaint in August 2023 about conduct that occurred in 2022, the regulated person will be judged against the Rules of Conduct that were in force in 2022 (i.e. the previous Rules of Conduct). However, the disciplinary procedure that will be applied will be the new procedure in force from 1 July 2023.
IPReg has retained some of the former regulatory arrangements in relation to practice fees, professional examinations, litigation and rights of audience, and IPReg’s compensation scheme.
All of IPReg’s regulatory arrangements and associated guidance can be accessed via the tabs on the left hand side.