UPDATE 27 MARCH 2023
At its 24 March meeting, IPReg's Board agreed the implementation date of 1 July 2023 for its new regulatory arrangements. All attorneys, authorised managers and Heads of Finance and Administration will be contacted directly in due course to advise them of the implementation date. Attorneys and firms should start preparing now for the implementation of the new rules. We will publish in due course, dates for webinars IPReg will be holding, together with CIPA and CITMA, which focus on the new rules and requirements for all regulated persons.
UPDATE 8 FEBRUARY 2023
The LSB has approved all the changes to our regulatory arrangements. The approval is effective from 7 February 2023. We will update this page in due course with further details about the timescale for implementing the changes.
The review
Our regulatory arrangements cover the full range of activities undertaken by regulated individuals and firms – from the requirements to qualify as a patent or trade mark attorney, the process for admission to the register(s), conduct and other requirements while on the register(s), complaints and disciplinary matters and removal or retirement from the register(s).
We are reviewing the regulatory arrangements in their entirety.
Application to the Legal Services Board
On 10 November 2022, IPReg submitted its application for changes to its regulatory arrangements, to the Legal Services Board (LSB). The LSB has 28 days in which to make a decision in relation to the application. If it cannot do so in the initial 28 day period, it must issue an extension notice which will allow it another 62 days to assess the application, for a total of 90 days. The application is supported by the proposed new core regulatory framework, supporting Standard Operating Procedures and draft guidance, and an impact assessment.
IPReg received queries from the Legal Services Board on 3 January 2023. It provided a response on 13 January. Additional communication about the queries raised can be found here.
Pre-application activity
In December 2020, we issued a Call for Evidence, inviting observations and opinions on various issues relevant to the legal and IP markets and the regulation of attorneys and firms. It closed in February 2021 and we received 31 responses and had discussions with two firms.
During the course of 2021, we conducted a range of stakeholder engagement activities, meeting with 17 different groups and individuals to better understand their views and experiences. In December 2021, IPReg consulted on proposals for changes to our regulatory arrangements. The consultation was open for 3 months during which IPReg met or spoke with a number of different organisations, firms and individual attorneys. In addition we spoke at a combined CIPA and CITMA webinar on 3 March 2022, providing more information about the review and answering some questions from attendees. You can view the webinar here.
IPReg's formal consultation closed on 17 March with 36 written responses. You can find here our response to the consultation having considered all of the views provided, together with the updated Impact Assessment.
Post-application implementation
If the LSB grants IPReg's application, IPReg's Board will formally agree a date upon which the new arrangements will come into effect. IPReg understands that some of the new arrangements will take time to embed and attorneys and firms may need time to change long-standing practices in order to comply with the new rules. For some aspects of our arrangements such as CPD, IPReg will take a supportive approach to allow time for attorneys to adapt to the more reflective model of CPD and away from the hours-based regime and would be unlikely to take disciplinary action where an attorney has been unable to comply with the new arrangements but who has demonstrated a genuine attempt to do so. We consider that the new arrangements will not only help protect consumers but will also benefit the regulated community, and IPReg is committed to its approach of encouraging and supporting regulated persons to comply with the regulatory framework, rather than seek to undertake disciplinary sanctions as a first response to non-compliance.
IPReg will hold or participate in webinars to introduce any new arrangements and allow attorneys and firms the opportunity to ask questions to better understand what will be required of them. At all times, we are contactable to discuss any aspect of the review and proposed changes - please email us at info@ipreg.org.uk.