Michael Jewess, Brunel LECTURE on professional ethics, 29 October 2026:  “handout” for students 

To return to the Research in IP home page, click on HOME.

 

 

 

(I) Abbreviations used

Bodies: CIPA Chartered Institute of Patent Attorneys, CITMA Chartered Institute of Trade Mark attorneys, IPReg Intellectual Property Regulation Board, SRA Solicitors Regulation Authority, EPO European Patent Office, EPI European Patent Institute, UPC Unified Patent Court.

Attorneys: RPA registered patent attorney (UK), CPA chartered patent attorney (UK), RTMA registered trade mark attorney (UK), CTMA chartered trade mark attorney (UK), EPA European patent attorney.

Legislative: CDPA Copyright Designs and Patents Act 1988, TMA Trade Marks Act 1994, LSA Legal Services Act 2007, UKPA Patents Act 1977, USC United States Code.

Other: CPD continuing professional development, IDS information disclosure statement (USA), SPC supplementary protection certificate, JV joint venture, PII professional indemnity insurance.

 

 

 

 

 

 

(II) Structure of the lecture

Slide 0:  Opening slide.

Slide 1:  The lists you are aiming for.

Slides 2 to 4:  The benefits to the client of your being on a list.

Slides 5 to 7:  Outline of the rest of talk.

Slides 8 to 12:  Regulatory documents and disciplinary procedures

Slide 13:  The big ethical rules summarised (also reproduced under (III) below for your easy reference).

Slide 14:  Serving the client.

Slides 15 to 20:  Ethical obligations trumping the interests of the client.

Slide 21:  In-house practitioners are bound by the main ethical obligations.

Slides 22 and 23:  Conflict of interest.

Slides 24 and 25:  Differences in-house vs private practice.

Slide 26:  General ethical issues with a special flavour for prospective lawyers such as you.

Slide 27:  Closing slide.                                                                                                             

 

 

(III) The ethical rules of all regulators, so far as the big issues are concerned, reduced to three (compare Isaac Asimov’s Laws of Robotics):–  

 

“Rule 1 – The attorney must uphold the rule of law, act in the interests of justice, act with honesty and integrity towards all, and preserve his or her independence.

“Rule 2 – The attorney must act in the best interests of the client, offering a good standard of service, within the constraints of Rule 1.

“Rule 3 – The attorney is entitled to be paid for his services, within the constraints of Rules 1 and 2.”

 

 

(IV) Suggested reading  (compiled 20 October 2026)

 

Michael Jewess, Inside intellectual property (CIPA, London 2013):

Chapter 2 “Ethics and privilege”, which overlaps with this lecture;

Chapter 1 "Legal Professional Quality", which deals in more detail with the ethical obligation to provide a good service to clients;

Chapter 5 “Patenting”, which describes in more detail the ethical challenge in relation to patent novelty searches;

Chapter 8 “Branding”, which challenges the value to the client of some trade mark work;

Chapter 11 “Intellectual property agreements”, which at para 11.06 discusses dubious negotiating tactics; and

Chapter 15 “The financial model”, which at page 312 discusses how charging practices can misalign the interests of the practice with those of the client.

 

IPReg’s principal documents (all new and effective on 1 July 2023, material changes made  in 2026 in relation to client complaints):

“IPReg’s Core Regulatory Framework”, https://ipreg.org.uk/sites/default/files/2026-04/core-regulatory-framework-2026_0.pdf.  Amendments in 2026: (a) paragraph 5.5 inserted into Chapter 2 relating to observance of the new “Complaints Code of Practice”, and (b) correction to running headers.

“Complaints Code of Practice”, https://ipreg.org.uk/sites/default/files/2026-04/complaints-code-of-practice-2026.pdf.  New in 2026, higher status than Guidance, by virtue of IPReg Core Regulatory Framework, Chapter 2, paragraph 5.5.  Definition in “Glossary” means that it applies compulsorily only to complaints by those (small) clients entitled to complain to the Legal Ombudsman (LeO).  See also the explanation by IPReg at https://ipreg.org.uk/pro/ipregs-regulatory-arrangements/complaints-code-practice-new-2026 (addressed to practitioners) and https://ipreg.org.uk/what-to-do-when-things-go-wrong) (addressed to potential complainants, amended to avoid eliminate a previous material error, September 2026).  For the original legal basis of the Ombudsman’s work, see Leo, Scheme Rules, https://www.legalombudsman.org.uk/media/oughytel/scheme-rules-april-23-final.pdf, especially paragraph 2.1, in turn reflecting the Legal Services Act 2007, section 128 and SI 2010 No 2091.  

“Guidance” (non-binding):

https://ipreg.org.uk/sites/default/files/Client%20money%20guidance.pdf;

https://ipreg.org.uk/sites/default/files/2024-10/continuing-competence-guidance-v1.2-with-annexes.pdf;

https://ipreg.org.uk/sites/default/files/PII%20Sandbox%20guidance.pdf;

https://ipreg.org.uk/sites/default/files/Transparency%20and%20cost%20guidance.pdf (see paras 17 to 21 for “uplifts” = markups), some revision contemplated in IPReg Business Plan 2026 in partial implementation of 2025 report by Frontier Economics; and

https://ipreg.org.uk/sites/default/files/Character%20and%20Suitability%20guidance%20.pdf.

“IPReg Glossary”, defining terms used in the above (but not “public” as used in the Framework, Ch. 2, para. 3.10), https://ipreg.org.uk/sites/default/files/2026-04/ipreg-glossary-2026_0.pdf.  Updated 2026 to reflect Chapter 2, para 5.5 in the Framework by addition of definitions of “complaint” and of “first-tier complaint”.  Note that the definition of “first-tier complaint” does not cover any complaint made directly to the legal service provider (as one might expect) but (following the LSB Section 112 requirement of 16 May 2024) covers only those complaints made directly to the legal service provider by clients  entitled to have recourse to the Legal Ombudsman.  However, the new definition of “complaint” may enlarge the scope of customer comment to which the entirety of Clause 5 applies and to the proper scope of annual reporting of complaints to IPReg.   

 

IPReg, Rights to conduct litigation and rights of audience and other reserved legal activities certification rules 2012 (commencement date 31 December 2012, as amended to 19 January 2015 according to text, but file name inconsistent with this): https://ipreg.org.uk/sites/default/files/IPReg_Regulations_Website_amended_July_20161.pdf.  These rules deal mainly with litigation, but under Rule 9 patent and trade mark attorneys are allowed to draft deeds relating to intellectual property rights and to administer oaths.  (Administering oaths is the discharge of a public office and cannot be done by an attorney or a solicitor for his own clients, and is an activity for which a small fixed fee is prescribed.  See Nicholas Fox, CIPA Journal, June 2013.)  In relation to litigation, https://ipreg.org.uk/pro/ipregs-regulatory-arrangements/litigation-and-rights-of-audience-rules comments on the case of  Mazur v Charles Russell Speechlys LLP relating to those without rights of audience assisting those with right of audience.

 

IPReg, Russian and financial sanctions, extending to “legal advisory services” from 30 June 2023, https://ipreg.org.uk/pro/russia-and-financial-sanctions, and linked guidance.  

 

IPReg, Anti-money laundering (2019), https://ipreg.org.uk/pro/practice-development/anti-money-laundering, and linked guidance.

 

Administrative Council of the European Patent Organisation, Regulation on discipline for professional representatives (in force from 21 October 1977, amended to 2018), regularly republished, most recently at https://patentepi.org/assets/uploads/documents/rules-regulations/4.3.2-260210.pdf.

        European Patent Institute, The code of conduct of the Institute of Professional Representatives before the European Patent Office (decided 13 November 1979, supplemented and amended to 2025), regularly republished, most recently at https://patentepi.org/assets/uploads/documents/rules-regulations/4.2.1-260210.pdf.

       

Regulation of Legal Services (Scotland) Act 2025.  See IPReg, https://ipreg.org.uk/what-is-an-attorney and https://ipreg.org.uk/online-register-faqs.  Within England, Wales, and Northern Ireland, “lawyer” is not a protected term, but under this Act in Scotland it may be used only by those with certain regulators.  According to the Regulation of Legal Services (Scotland) Act 2025 Sections 90 and 16 these regulators are The Law Society of Scotland, The Faculty of Advocates (acting on behalf of the Court of Session), and the Association of Construction Attorneys.  The Legal Services Board uses the term “lawyer” to describe all persons it regulates, but apparently a UK and/or European patent or trade mark attorney cannot describe himself as such in Scotland.

 

        Disciplinary cases against lawyers:

English solicitor making false allegations against the British Army, struck off, SRA awarded costs of ≥ £0.25 M:

https://solicitorstribunal.org.uk/wp-content/uploads/2023/10/11510.2016.Philip-Joseph-Shiner.pdf.

 

Closures of solicitor firms by the SRA:  in 2023, https://www.sra.org.uk/news/news/axiom-ince-intervention-information/; in 2026, https://www.legalfutures.co.uk/latest-news/sra-shuts-down-eight-office-home-counties-law-firm.

 

1 solicitor involved in the Horizon prosecutions by The Post Office referred by the SRA to the Solicitors Disciplinary Tribunal as too serious to be dealt with by the SRA’s own powers:  Solicitors Disciplinary Tribunal:  https://www.sra.org.uk/news/news/post-office-jun-26/.  Link gives link to entire history suggesting another 19 investigations of individual solicitors or firms are in progress.  The SRA are working with the Metropolitan Police.

RPA’s dealings with client resulting in his removal from register of RPAs and being ordered to pay IPReg    £47.5 k approx.:

https://ipreg.org.uk/sites/default/files/2024-07/ipreg-v-k-boden-final-panel-determination-version-for-website_0.pdf.

 

A full list of IPReg’s disciplinary cases, most of which are no longer retained on the website, is at https://ipreg.org.uk/if-things-go-wrong/disciplinary-findings. 

 

Caveat on the above links:  Links to .pdfs above take you directly to the documents current on 20 October 2026, to make it easier for you to access and inspect them before the lecture.  However, at future times, do not rely on these links, as old versions may get left on the websites with the new version having a different url.  For documents applying to UK attorneys, start from the IPReg home page and then proceed via the tabs.  For documents applying to EPAs, proceed from https://patentepi.org/en/the-institute/rules-and-regulations.html.