HL Deb 02 November 1988 vol 501 cc348-9

264 Clause 260, page 114, line 19, leave out subsections (1) and (2) and insert—

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

(2) Any such communication—

  1. (a) between a person and his patent 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 patent 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) "patent agent" means—

  1. (a) a registered patent agent or a person who is on the European list,
  2. (b) a partnership entitled to a describe itself a firm of patent agents or as a firm carrying on the business of a European patent attorney, or
  3. (c) a body corporate entitled to describe itself as a patent agent or as a company carrying on the business of a European patent attorney.'.

Lord Young of Graffham

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 264 and I shall also speak to Amendment No. 266. Both of these amendments make what are fair to describe as minor changes to the privilege which the Bill accords to communications between registered patent and trademark agents and their clients.

Moved, That the House do agree with the Commons in their Amendment No. 264.—(Lord Young of Graffham.)

On Question, Motion agreed to.