Journal Article

IP attorney litigators: will they fly or die?

David Musker

in Journal of Intellectual Property Law & Practice

Volume 5, issue 8, pages 602-607
Published in print August 2010 | ISSN: 1747-1532
Published online June 2010 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpq069
IP attorney litigators: will they fly or die?

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Legal context

The Courts and Legal Services Act 1990 opened the way for bodies such as the Chartered Institute of Patent Attorneys (CIPA) and the Institute of Trade Mark Attorneys (ITMA) to certify litigators licensed to act in competition with solicitors in England and Wales. There are currently almost 100 such attorney litigators in the UK

Key points

The author makes use of comparative and demographic data to study the profiles of attorney litigators, including routes to certification, seniority by years post-qualification, gender. He explores comparisons with other UK hybrid legal professionals such as licensed conveyancers for example.

Practical significance

UK solicitors are at no risk from other professions within the UK. Even any competitive price pressure in UK IP litigation is far more likely to be intra-professional, from rival firms, rather than inter-professional. Regardless though of whether or not the CIPA and ITMA certification schemes ultimately live up to the competitive aims of the 1990 legislation, they are certainly capable of meeting more modest goals of “upskilling” the IP attorney.

Journal Article.  3333 words.  Illustrated.

Subjects: Arbitration ; Intellectual Property Law

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