All IPTA members:
- must be of good repute:
- Must comply with a strict Code of Ethics, ensuring integrity, confidentiality, and professionalism in all dealings with clients, providing confidence that their IP matters are handled ethically and competently;
- have access to a high standard of continuous professional development to stay current with evolving IP laws and practices, giving clients access to up-to-date advice and strategies;
- have access to ethics advice and other support services, to ensure a high standard of service and continuity of service in the event of an emergency and
- are endorsed for membership by at least two IPTA Fellows.
In addition, IPTA Fellows:
- have been registered as a patent and/or trade marks attorney for at least 5 years;
- have been engaged in Australia in carrying out the professional work of a patent and/or trade marks attorney;
- are, in the opinion of IPTA Council, so qualified as to be able substantially to advance the objects of the Institute; and
- are endorsed for fellowship by at least three IPTA fellows.
These requirements exist alongside the requirements that registered Trans-Tasman patent attorneys and registered Australian trade marks attorneys:
- are subject to the Code of Conduct for Patent and Trade Mark Attorneys 2018;
- must meet the registration requirements of the Trans-Tasman IP Attorneys Board;
- for patent attorneys, this includes rigorous qualifications in both law and technical fields. They are experts in IP law and often hold degrees in science or engineering, enabling them to understand complex inventions and draft patent specifications – something only registered patent attorneys can legally do in Australia;
- for trade marks attorneys, this includes academic qualifications in both an undergraduate degree and specified legal qualifications; and
- are protected by statutory privilege under Australian law, similar to legal professional privilege. This ensures sensitive IP advice remains confidential and cannot be disclosed in litigation.
