HL Deb 02 November 1988 vol 501 cc349-50

266 Clause 264, page 116, line 34, leave out subsections (1) and (2) and insert—

'(1) This section applies to communications as to any matter relating to the protection of any design, trade mark or service mark, or as to any matter involving passing off.

(2) Any such communication—

  1. (a) between a person and his trade mark agent, or
  2. (b) for the purpose of obtaining, or in response to a request for, information which a person is seeking for the purpose of instructing his trade mark agent,
is privileged from disclosure in legal proceedings in England, Wales or Northern Ireland in the same way as a communication between a person and his solicitor or, as the case may be, a communication for the purpose of obtaining, or in response to a request for, information which a person seeks for the purpose of instructing his solicitor.

(2A) In subsection (1) "trade mark agent" means—

  1. (a) a registered trade mark agent, or
  2. (b) a partnership entitled to describe itself as a firm of registered trade mark agents, or
  3. (c) a body corporate entitled to describe itself as a registered trade mark agent.'

Lord Young of Graffham

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 266.

Moved, That the House do agree with the Commons in their Amendment No. 266—(Lord Young of Graffham.)

On Question, Motion agreed to.