In March 2013, the governments of Australia and of New Zealand signed the Arrangement between the Government of Australia and the Government of New Zealand Relating to Trans-Tasman Regulation of Patent Attorneys (“Arrangement”).[i] The Arrangement, which took effect on 24 February 2017, stated that the Australian legislation implementing the Arrangement would, among other things, establish the Trans-Tasman IP Attorneys Board (“Board”), establish a joint disciplinary regime administered by the Board, and allow the Board to establish a trans-Tasman code of conduct for registered patent attorneys.
Clause 9.9 of the Arrangement requires the Board to conclude a review of the Code and make any appropriate amendments within one year of the date of entry into effect of the Arrangement – that is, by 23 February 2018. At its March 2017 meeting, the Board resolved to undertake that mandated review of the Code in parallel with its review of the Code’s conflict of interest provisions.
The Board released a Consultation Paper on proposed changes to the Code in April 2017 and invite all interested parties to provide feedback.
The Consultation Paper is available below.
Trans-Tasman IP Attorneys Board Review of the Code of Conduct Consultation Paper in PDF format [923.31 KB]
Eighteen submissions were received in response to the Consultation Paper, with one of the submissions being a “Confidential” submission. Copies of the list of submissions and the 17 publicly-available submissions are available below (all in PDF format).
- Code of Conduct Review - list of submissions
- EllisTerry in PDF format [327.87 KB]
- Fraser Old & Sohn
- PL Berry & Associates
- Phillip Ormonde Fitzpatrick
- FB Rice
- Ana Penteado
- Bob Kelson in PDF format [33.17 KB]
- Franke Hyland
- Xenith IP Group Limited
- FICPI Australia
- Qantm IP Limited
- John Smith in PDF format [67.2 KB]
The Board assessed all of the submissions at its July 2017 Board meeting. It is now in the process of drafting a revised Code. The Board plans to publicly consult on this revised Code during August-September 2017 with a view to finalising the Code in late 2017 for registering and publishing in early 2018 (and before 23 February 2018).