Patent and trade mark chiefs call for judicial role

Patent agents and trade mark attorneys should be given the chance to become judges, the heads of the Chartered Institute of Patent Agents (CIPA) and the Institute of Trade Mark Attorneys (ITMA) have said in a joint response to the government's consultation on increasing diversity in the judiciary.


CIPA president Bruce Alexander and ITMA president Stephen James said: 'In view of their specialist qualifications and experience, there should be opportunities in the patents court and county courts for [the institutes'] members to sit in a judicial capacity in appropriate intellectual property cases.'


Patent agents have rights to litigate and rights of audience in the patent and county courts, and can gain the same rights of audience enjoyed by solicitors in the High Court.


The two presidents said: 'Experience and a demonstrated ability to act judicially should be the principal criteria [for appointment]. If the criteria are to be by reference to a right of audience then this should extend to any profession afforded rights of audience such as CIPA and (in due course) ITMA.'