Repeal of provisions empowering Trans-Tasman IP Attorneys Board (Board) to conduct examinations

Issue summary

The Patents Regulations and the Trade Marks Regulations ('Regulations') set out the machinery for individuals to be registered as patent attorneys or trade marks attorneys.

One of the requirements for registration is that the individual demonstrate knowledge of IP law and practice, which they can do by completing accredited courses offered at several universities (currently 2 in Australia and 2 in New Zealand).

This means of meeting the knowledge requirements has been in place for over 20 years. Before then, individuals seeking registration had to pass examinations conducted by the-then Professional Standards Board for Patent and Trade Marks Attorneys.

The provisions governing those examinations still appear in the Regulations. This is even although they have not been used in 20 years, and are not expected to be used again. The repeal of the provisions will slightly simplify the Patents Regulations and the Trade Marks Regulations, making them slightly easier to understand.

This will also obviate any uncertainty about the Board conducting examinations in future.

History

• Identified for action 22 November 2023

Comments

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