IPReg provides greater clarity on continuing competence
Following a review led by the Intellectual Property Regulation Board (IPReg), further guidance has been published to support attorneys with the new continuing competence requirements.
A thematic review undertaken by Legal Education Consultant, Dan Hill, found that just under 20% of a sample group of attorneys did not meet the new requirements for their continuing professional development (CPD).
Following a change to IPReg’s regulatory arrangements from 1 July 2023, attorneys are required to undertake a more reflective approach to maintaining their competence. Moving away from the strict hours-based CPD requirement, attorneys are now required to:
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Reflect on their practice and identify areas for learning and development
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Plan activities to address their development needs
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Record and evaluate the activities undertaken, and properly consider whether those activities met the development needs identified.
This approach to CPD is now common place amongst most regulated professions, inside and outside of the legal sector. However, recognising that the changes may take some time to fully embed, IPReg delayed any enforcement action in relation to meeting the new requirements.
Alternatively, the Board were keen to take the time needed to gain insight on how the new process has been understood and where any additional guidance can be provided to improve compliance.
Further to the review, Hill produced a report on his findings and considered potential reasons why attorneys are not meeting the new requirements, suggesting they may be “overestimating what is required or struggling to see how the concept applies in the concept of their practice.”
Hill made several recommendations in his report, including to amend the templates attached to the continuing competence guidance to incorporate some of the examples of best practice identified during the review.
IPReg has adopted this recommendation, as well as the suggestion to review the Continuing Competence section of its website. It now includes a simple explanation of what is meant by “reflection” and “evaluation” to better support development needs.
All practising patent and trade mark attorneys have a professional obligation to ensure that they maintain their skills and knowledge at the necessary level to be able to provide a competent service to existing and potential clients.
To ensure the ongoing competence of the profession, IPReg will carry out an additional continuing competence thematic review in approximately 3 years’ time. Further details of the recent review and findings can be found here. We also presented, alongside IPReg and CIPA, a 1-hour webinar last year to support with the transition to the new requirements. You can watch a recording of this webinar here.