There are a number of conditions that registered attorneys must attend to in order to remain on the Trans-Tasman IP Attorneys Board (the Board) registers.
These include, but are not restricted to, seeking removal or restoration to the register as necessary, attending to paying renewal fees and completing minimum Continuing Professional Education (CPE) requirements.
Attorney renewal information is emailed directly to attorneys, not to their firms.
It is up to the individual attorney to make sure their registration is up-to-date. Payment for renewals is due 1 July each year.
The renewal email will be sent out late May. It will contain information about how to renew your attorney registration.
If an attorney doesn’t receive their renewal email by 1 June, they need to contact the Board Secretariat on mail.TTIPAB@ipaustralia.gov.au to update their details.
Annual renewals will be sent to the email address specified by attorneys for receiving Board correspondence.
If the fee is not paid by 31 July, the Designated Manager must remove the attorney's name from the register(s) and advise the attorney of their removal.
Payment can be made via IP Australia online services.
Attorneys need to attach the CPE form below as part of the payment process.
CPE Statement for Renewals in PDF format [1.95 MB]
Restoring registration after non-payment
If an attorney is removed from either register for non-payment of fees, they can apply to the Designated Manager for restoration of their name by 1 September of that same year. A restoration fee is required along with a completed CPE statement.
The Designated Manager must restore the attorney's name to either, or both registers, upon the attorney paying the fee specified in:
- Item 107 of schedule 7 of the Patents Regulations 1991 [Regulation 20.29 of the Patents Regulations 1991] and/or;
- Item 31 of schedule 9 of the Trade Marks Regulations 1995 [Regulation 20.14 of the Trade Marks Regulations 1995]
This amount must be paid:
on, or before, 1 September of the year that the attorney's name was removed from the register, or
within a period that the Designated Manager reasonably allows
Voluntary removal from the registers
Patent and trade marks attorneys may apply to the Designated Manager to have their name removed from the register for up to three years.
During this time, the voluntarily-removed attorney must not work as a trade marks attorney or patents attorney. Attorneys will be required to maintain some knowledge of the profession whilst removed. CPE hours for removed attorneys are accumulated at 1/3 of the standard hours required per year an attorney would normal be required to maintain.
Voluntary removal for patent attorneys is permitted by Regulation 20.26 of the Patents Regulations.
Voluntary removal for trade marks attorneys is permitted by Regulation 20.14 of the Trade Marks Regulations.
There is no limit to the number of times an attorney may be voluntarily removed, and no minimum time period before a second or subsequent period of voluntarily removal may commence. However CPE conditions imposed during restoration need to be met before another removal will be granted.
No single period of voluntary removal can be extended beyond three years. An attorney who has been voluntarily removed must be restored to the register and meet the CPE conditions imposed before they can again apply to be voluntarily removed.
Restoration to the registers following voluntary removal
Attorneys who have had their name removed from the register can apply to the Designated Manager for restoration of their name.
The attorney must pay the fee specified in:
Item 107 of Schedule 7 of the Patents Regulations [Regulation 20.29 of the Patents Regulations] and/or
Item 31 of Schedule 9 of the Trade Marks Regulations [Regulation 20.14 of the Trade Marks Regulations].
The Designated Manager may also impose a condition of restoration that additional Continuing Professional Education (CPE) be completed during the restored attorney's first renewal period. This is calculated at 1/3 of the standard hours a registered attorney is required to have completed.
The Designated Manager's practice is to send a courtesy reminder letter to voluntarily-removed attorneys (if they have kept their contact details up-to-date) prior to the expiration of the three-year voluntary-removal period.
However, this is not legally required, and it remains the voluntarily-removed attorney's responsibility to ensure that they apply for restoration in sufficient time for it to take place.
Applications for restoration should be made at least one month before the three-year voluntary-removal period ends.
There is no provision in the regulations for late applications for restoration to be accepted, regardless of the cause of the delay; therefore removed attorneys who have applied to be restored should request confirmation that the application has been received by the Designated Manager and should follow up if in any doubt that the request will be acted on before the expiry date.
Restoration to the registers in other circumstances
An attorney who;
- didn't seek renewal before 31 July, and didn't restoration before 1 September of that same year, or
- a voluntarily-removed attorney who has not been restored to the register within three years, and wishes to become a registered attorney again,
will need to contact the Secretary to discuss their options for restoration. Noting that this can be costly, difficult and time consuming, especially if qualifications and knowledge requirements originally used to become registered have become dated, or legislation has changed significantly whilst off the register.
Code of Conduct
From 23 February 2018, all registered attorneys are will be required to adhere to the Code of Conduct for Trans-Tasman Patent and Trade Marks Attorneys 2018 (Code of Conduct 2018). The Code of Conduct 2018 replaces the Code of Conduct for Patent and Trade Marks Attorneys 2013.
The Board has also established non-binding Guidelines to the Code of Conduct 2018 to assist people understand the Code of Conduct 2018 and the conduct it covers.