Question to the Department for Business, Energy and Industrial Strategy:

To ask Her Majesty's Government why they are seeking to add trade mark and patent attorneys to the list of legal professions excluded from automatic recognition of professional qualifications in Clauses 22–27 of the United Kingdom Internal Market Bill.

By adding patent and trade mark attorneys to the list of excluded legal professions, we are putting them outside the scope of the recognition provisions of the Bill completely and seeking to preserve the status quo in relation to these professions and associated regulated legal activities. This brings them in line with the other legal professions excluded under Clause 25(6), in acknowledgment of the different legal systems of the UK.

Registered trade mark and patent attorneys are authorised to carry out certain reserved legal activities in England and Wales, more commonly associated with other legal professionals. By excluding the professions of trade mark and patent attorney from the recognition provisions of the Bill, we will prevent these provisions being used in a way that is not intended by the legislation governing trade mark and patent attorneys and regulated legal activities. This will ensure IPReg will continue to be able decide whether and how trade mark and patent attorneys should be allowed to carry out the regulated legal activities it is designated to regulate in different parts of the UK.

As trade mark and patent attorneys are currently regulated UK-Wide, we appreciate that accessing the professions or the associated activities may not be an issue currently. However, should the regulation of these professions change in the future, this amendment will ensure that they will not be impacted by the recognition provisions in the Bill.