The Trans-Tasman IP Attorneys Board (The Board) administers the regulatory and disciplinary regimes for patent attorneys in Australia and New Zealand, and trade marks attorneys in Australia.
The Board's role
The Board is an independent body established by the Australian and New Zealand governments to regulate the patent attorney profession in Australia and New Zealand, and the trade marks attorney profession in Australia.
It is established under section 227A of the Patents Act 1990 and constituted under the Patents Regulations 1991.
The Board:
- assesses applications for patent attorney qualifications
- assesses applications for exemptions against a topic group
- develops and oversees the curriculum of studies to assist applicants in meeting their knowledge requirements
- develops guidelines for attorneys to help meet their continuing professional education obligations
- investigates complaints and assesses if an attorney's conduct needs to be reported to the Disciplinary Tribunal
- administers the Code of Conduct
- accredits university courses that meet the knowledge requirements to become an attorney.
The Board's Terms of Reference and Impartiality Policies are as follows:
The Board's structure
The Board consists of 7-10 members. All members, except ex-officio members, are appointed by the Australian Minister for Industry and Science in consultation with the New Zealand Minister of Commerce and Consumer Affairs.
The Board consists of the following members:
- a Chair
- the Director General of IP Australia
- the New Zealand Commissioner of Patents
- at least 2 members nominated by the New Zealand Patents Minister to represent the New Zealand patent attorney profession
- at least 2 other members.
The other members are usually registered attorneys. They can also be academics or people experienced in public administration. All appointed members need to have substantial standing, experience or knowledge in a field relevant to the Board's functions.
The current Board
The current Board members are:
- Professor Andrew Christie (Chair), trade marks attorney, VIC
- Michael Schwager (ex-officio), Director General, IP Australia*
- Ross can der Schyff (ex-officio), NZ Commissioner of Patents
- Dr Belinda Hartmann, patent attorney, QLD
- Gregory Chambers, patent and trade marks attorney, VIC
- Viet-Chau (Veg) Tran, special counsel, NSW
- Michelle Goldsmith, legal practitioner, VIC
- Dr Jason Coonan, patent and trade marks attorney, VIC
- Lynell Tuffery Huria, patent and trade marks attorney, NZ
*The General Manager of the Governance Group, IP Australia is the deputy for the purpose of attendance at all meetings of the Trans-Tasman IP Attorneys Board held in 2024 and 2025.
The Secretariat
The Board and Designated Manager are assisted by a secretariat team, which consists of the Secretary and 2 administrative assistants.
The Secretariat are employees of IP Australia. They coordinate attorney registration, renewals and audit matters on behalf of the Designated Manager and support the Board in carrying out its Statutory functions.
The Board have granted delegation to the Secretary to approve applications on their behalf for:
- academic qualifications to become a trade marks attorney
- exemptions for A1-Legal Process and B-Professional Conduct (only under certain circumstances)
- knowledge requirements for patent and/or trade marks attorneys (only if applicants have completed an accredited course of study or have gained an exemption from the Board).
These types of applications have no cut-off date, as the Secretary can approve these at any time.
You can contact the Secretariat for all Board related queries.
Board meetings and applications
The Board usually meets three times per year to consider applications, disciplinary matters and strategic matters affecting the IP attorney profession.
Attorney applicants will be advised of the outcome of all Board decisions within 15 working days of the Board meeting via email.
Meeting dates and cut offs
The due date of the following applications requiring Board approval are due at least 6 weeks prior (20 September 2024) to the next Board meeting:
- Patent applications for approval of academic qualifications
- Exemptions from a topic group from a non-accredited course of study
- Exemptions from the knowledge requirements
- Accreditation of a course of study
- Restoration in other circumstances
- Statements of skill from the Board.
Applications for Board approval can be complex and time consuming. Applicants are encouraged to start their applications early and submit them well before the final due date. This gives us time to conduct a preliminary review and identify any additional information you will need to provide.
Future meeting dates:
-
14 & 15 November 2024
-
March 2025
Closing dates for applications are at least six weeks prior to each meeting.