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Incorporation of Patent and Trade Marks Attorneys

Explore the options for incorporating patent and trade marks attorneys into legislation. Consider the pros and cons of different approaches, such as notification or registration. Learn about the obligations on designated managers and the consequences of not having a patent attorney director. Discover the next steps in the legislative process.

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Incorporation of Patent and Trade Marks Attorneys

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  1. IncorporationofPatent and Trade Marks Attorneys

  2. Attorneys Inc. Legislation Are we there yet?

  3. Options - Attorneys Inc. • No notification or registration • Notification of company • Registration of company

  4. Option 1: no notification or registration • Pros • Few legislative changes • No extra obligations on Designated Manager • Very few additional obligations on company • Cons • No transparency on companies acting as attorneys • If the company does not have an attorney director (for any period), company cannot act or describe itself as an attorney • Misconduct action only against individuals, not against company

  5. Option 2: notification of company • Pros • List of companies acting as attorneys • Mechanism to deal with absence of attorney director • Cons • Greater administrative burden on companies • Additional obligations on Designated Manager

  6. Option 3: registration of company • Pros • Certainty as to companies acting as attorneys • Similar to other statutory licensing schemes • More direct control over companies • (eg companies registration as an attorney can be cancelled) • Behaviour of whole company considered • Cons • Greatest administrative burden on companies • Maximum obligations on Designated Manager

  7. Preferred option • Notification of company • based on the Model Bill for the Legal Profession

  8. Notification of company • Incorporated patent attorney • Patent attorney director • Company must notify Designated Manager • That it acts as an attorney • That it ceases to act as an attorney • Consequences of not having a patent attorney director

  9. Obligations - attorney director • Responsible for management of patent attorney services provided by the company • Same obligations under company law as any other director

  10. Obligations – individual attorneys • Must comply with statutory obligations • Retain privileges • Code of conduct applies • Retain personal responsibility for discipline and complaints

  11. Professional Indemnity Insurance • Will apply to all patent and trade marks attorneys • With some exceptions • In-house attorneys • Non-practising attorneys

  12. Next Steps - Legislation • Policy Approval • Legislative Change

  13. Drafting Instructions Policy Approval Legislative Bid Prime Minister or Cabinet Exposure Draft Bill Support material Approval to introduce legislation Introduction and passage of Bill through Parliament

  14. Are we there yet?

  15. Thank you • Brendan Bourke • phone: 02 6283 2148 • email: Brendan.Bourke@ipaustralia.gov.au

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