Update: 04 November 2015
References have been requested. The deadline for submission of references is 12.00 (noon) on Wednesday 18 November 2015.
Launch date: 15 October 2015 at 13:00
Closing date: 29 October 2015 at 13:00
Number of vacancies: 1
Fee: £700 per day
Please refer back to this information page for updates.
You should first consider whether you are ready to apply for this role, and so may wish to look at the information provided here: am I ready?
The Copyright Tribunal was established by the Copyright, Designs and Patents Act 1988. The main function of the Tribunal is to decide, where parties cannot agree between themselves, the terms and conditions of licences offered by, or licensing schemes operated by, collective licensing bodies in the copyright and related rights area. The Copyright Tribunal is part of the UK Intellectual Property Office, an executive agency of the Department for Business Innovation and Skills.
Substantive hearings are held by a Tribunal consisting of the Chairman or Deputy Chairman and at least two lay members. Procedural hearings can, with the agreement of the parties, be taken by the Chairman or the Deputy Chairman sitting alone.
The Deputy Chair will give guidance to the lay members on points of law and practice. The Deputy Chair also provides the guidance on the law and practice at the hearing and has a duty to give guidance to the parties and their representatives, and to parties who are not legally represented. Usually the parties are represented by legal advisors and counsel, however legal representation is not a requirement.
Please refer to the Job Description and Statement of Terms and Conditions for further details.
If you wish to discuss the role further with an existing tribunal member please email Catherine.Worley@ipo.gov.uk to make arrangements.
Additional Information for Candidates
Knowledge of copyright law and of the law surrounding Intellectual Property would be useful. Experience of general commercial litigation and knowledge of commercial law would also be desirable.
In order to be considered for appointment for this post, you must meet the following eligibility requirements.
If you are a Solicitor, Barrister, or a Judge
Under section 145(3) of the Copyright Designs and Patents Act 1988 as amended by para 20 of Schedule 10 of the Tribunals, Courts and Enforcement Act 2007 (TCE), a person is not eligible for such appointment unless-
(a) you satisfy the judicial-appointment eligibility condition on a 5-year basis;
(b) you are an advocate or solicitor in Scotland of at least 5 years’ standing;
(c) you are a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 5 years’ standing;
(d) you have held judicial office.
The TCE Act 2007 introduced the ‘judicial-appointment eligibility condition’. You will have to show that:
- you have possessed a relevant legal qualification;
- for the requisite period; and
- that whilst holding that qualification you have been gaining legal experience
The meaning of “gain experience in the law” is set out in section 52(2) to (5) of the TCE Act and relates to a period engaged in law related activities.
If you are a Patent Attorney or a Trade Mark Attorney
You are also eligible to apply if you are a Patent Attorney or a Trade Mark Attorney registered with the Intellectual Property Regulation Board for at least 5 years.
When completing the ‘Legal career’ section on the 'Personal Profile' of the on-line application, please tick ‘England and Wales’ under ‘UK Domain’ and then select ‘Other’. You will then be prompted to enter the date on which you were entered onto the relevant register.
Candidates must be either a UK Citizen or a Citizen of the Commonwealth or the Republic of Ireland at the time of application.
There is no upper or lower age limit for candidates apart from the statutory retirement age of 70. However, the age at which someone is appointed as a judicial officer must allow for a reasonable length of service of 4 years before retirement.
The Commission will make the decision as to whether a candidate will be able to provide a reasonable length of service.
You should note that the House of Commons Disqualification Act 1975 applies to this office.
Further eligibility information can be found here
Open for Applications: 15 October 2015 at 13:00
Close for Applications: 29 October 2015 at 13:00
References requested: 4 November 2015
Deadline for the receipt of references: 18 November 2015
Outcome of shortlisting issued: 15 December 2015
Selection day: 12 January 2016
We hope to issue outcome emails at the beginning of March 2016
Your online application plays an important part in the selection process, you must complete all required sections, ensuring the information you provide is clear and accurate.
Please ensure that you read the competencies for the post and the job description before making your application. There are five competencies in total which list the behaviours of a Deputy Chairman who is performing the role effectively.
The self-assessment section of the application is your opportunity to tell us about the experience and knowledge you have for the post. You must provide examples and evidence of why you feel your skills and experience are transferable into the post to enable you to perform effectively in the role. You should link your examples to the competencies required for the post. The self assessment should not simply be a reiteration of your career history.
The self assessment has a 250 word limit for each competency. Any information in excess of this will not be used to support your application. Note form is acceptable.
General advice on the application process
Guidance on completing your self-assessment
Shortlisting is by way of a paper sift, taking into account the information contained in your application and references.
Individual feedback will be provided to candidates who have not been successful following the sift. For this exercise we aim to provide this feedback within approximately six weeks of the outcome email.
General information is available on the following link about paper sifts and feedback reports.
Referees are approached before the sift takes place and the evidence they provide will inform decisions during the selection process. Please read the reference guidance before completing your application. References will be requested on 4 November 2015 and must be returned by 18 November 2015. Late references may not be considered, therefore you are advised to notify your referees in advance that you intend to apply.
Whilst there are four boxes for reference details you are only required to provide a maximum of two references.
You must ensure the correct details (title and email addresses) are provided. All correspondence with your referee will be via email; therefore it is imperative you ensure the details are correct to avoid any delays in your referee being contacted. Please ensure you only nominate two referees from the categories below:
- If you do not currently hold a judicial post, you will need to provide two professional referees, one of whom may be a judge if they are able to provide an assessment of your professional role.
- If you are a fee-paid judge already you will need to provide one judicial referee and one professional referee.
- If you are a salaried judge you will need to provide two judicial referees.
Please do not nominate a JAC Commissioner as a referee. A full list of the Commissioners can be found here. In addition you should not nominate the following: John Baldwin QC, HHJ Richard Hacon and Mr Justice Birss.
If you have any queries about who to nominate as your referee please contact the JAC to discuss further.
If shortlisted, you will be invited to a selection day which will take place in London on 12 January 2016. It is not possible to offer an alternative selection day.
The selection day for this exercise will comprise situational questioning and a panel interview.
Further details will be sent with the invitation to attend, although the interview will consist of the panel seeking evidence from you against the competencies for the post.
More information about selection day, including interviews and situational questioning
The JAC provides reasonable adjustments to ensure that disabled candidates are not placed at a substantial disadvantage. We will also consider making reasonable adjustments for those suffering from short-term injury or temporary illness. Details can be found in the JAC's reasonable adjustment policy.
The JAC is required to carry out character checks on all candidates whom it intends to consider for appointment.
Failure to declare any matters that come to light from the JAC's checks may prejudice the outcome of your application. Please read the good character guidance before applying. You may update the character section of your JAC profile at any time. This is your continuing responsibility throughout the process for any matter that may arise up to the point of appointment.
The JAC requires your signed consent to carry out character checks. The JAC will request that you complete and return a signed consent form if you are invited to selection day.
As required by the Judicial Appointment Regulations 2013, the JAC is required to consult a person (other than the Appropriate Authority) who has held the office for which the selection is to be made, or who has other relevant experience. For this exercise the JAC will consult with Mr Justice Birss. The information provided by the Statutory Consultee will be used to inform selection decisions.
More information on statutory consultation
Equal Merit Provision
In line with its published policy, the Commission will apply the equal merit provision to this exercise. If the Commission, sitting as the Selection and Character Committee, considers two or more candidates to be of equal merit, a candidate may be selected for the purpose of increasing judicial diversity. The Committee will use the provision based on the data declared by candidates in the diversity part of their online application.
The relevant datasets that will be used to identify any under-representation are taken from the 2011 Census, detailed Characteristics, England and Wales (ONS 2012) and the diversity statistics showing the background of the tribunals judiciary (as of 1 April 2015), based upon primary appointment, as published on the Judiciary website.
The population of the United Kingdom ('usual residents') aged 25-74 that are women is 50.4%, while BAME is 11.3%. The proportion of First-tier Tribunal members that are women is 45% and of those who declared their ethnicity 15% declared they were from a BAME background
Diversity information for previous selection exercises is available through the JAC's official statistics pages.
The Selection and Character Committee will consider which candidate to recommend to the Appropriate Authority as set out in the Judicial Appointment Regulations 2013.
For this exercise the Appropriate Authority will be the Lord Chancellor, who, in consultation with the Secretary of State for Business, Innovation and Skills and with Scottish Ministers, can accept or reject a recommendation, or ask the Commission to reconsider. The Appropriate Authority may not select an alternative candidate.
When considering the candidate to recommend for appointment, the Commission will consider all the information gathered, which includes the overall assessment report from the selection panel and statutory consultation comments.
Outcome of the Exercise
Please note that we will issue results by email on the same day to all candidates who attended a selection day. We hope to inform you of the outcome at the beginning of March 2016.
If you are not successful following the selection day, you can request written feedback. You should make this request within six weeks of the email informing you that you have not been successful. For this exercise, we aim to provide this feedback within approximately six weeks of your request.
Training will be available subject to the needs of the candidate and will be discussed on appointment.
If you are experiencing any technical difficulties with your application, please refer to the application support for candidates in the first instance.
Exercise queries: email@example.com
Richard Collumbell, Selection Exercise Officer - Telephone: 020 3334 5587
Jackie Marshall, Selection Exercise Team Manager - Telephone: 020 3334 6233
Kas Patel, Senior Team Manager - Telephone: 020 3334 6567