Registered Designs Act 1949
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Change 1
28A Opinions on designs
(1) The Secretary of State may by regulations make provision about the making of requests to the registrar for an opinion on specified matters relating to— (a) designs registered under this Act; (b) designs of such other description as may be specified. (2) The regulations must require the registrar to give an opinion in response to a request made under the regulations, except— (a) in specified cases or circumstances, or (b) where for any reason the registrar considers it inappropriate in all the circumstances to do so. (3) The regulations may provide that a request made under the regulations must be accompanied by— (a) a fee of a specified amount; (b) specified information. (4) The regulations must provide that an opinion given by the registrar under the regulations is not binding for any purposes. (5) The regulations must provide that neither the registrar nor any examiner or other officer of the Patent Office is to incur any liability by reason of or in connection with— (a) any opinion given under the regulations, or (b) any examination or investigation undertaken for the purpose of giving such an opinion. (6) An opinion given by the registrar under the regulations is not to be treated as a decision of the registrar for the purposes of section 27A. (7) But the regulations must provide for an appeal relating to an opinion given under the regulations to be made to a person appointed under section 27A; and the regulations may make further provision in relation to such appeals. (8) The regulations may confer discretion on the registrar. (9) Regulations under this section— (a) may make different provision for different purposes; (b) may include consequential, incidental, supplementary, transitional, transitory or saving provision. (10) In this section, “specified” means specified in regulations under this section.
28A Opinions on designs
(1) The Secretary of State may by regulations make provision about the making of requests to the registrar for an opinion on specified matters relating to— (a) designs registered under this Act; (b) designs of such other description as may be specified. (2) The regulations must require the registrar to give an opinion in response to a request made under the regulations, except— (a) in specified cases or circumstances, or (b) where for any reason the registrar considers it inappropriate in all the circumstances to do so. (3) The regulations may provide that a request made under the regulations must be accompanied by— (a) a fee of a specified amount; (b) specified information. (4) The regulations must provide that an opinion given by the registrar under the regulations is not binding for any purposes. (5) The regulations must provide that neither the registrar nor any examiner or other officer of the Patent Office is to incur any liability by reason of or in connection with— (a) any opinion given under the regulations, or (b) any examination or investigation undertaken for the purpose of giving such an opinion. (6) An opinion given by the registrar under the regulations is not to be treated as a decision of the registrar for the purposes of section 27A. (7) But the regulations must provide for an appeal relating to an opinion given under the regulations to be made to a person appointed under section 27A; and the regulations may make further provision in relation to such appeals. (8) The regulations may confer discretion on the registrar. (9) Regulations under this section— (a) may make different provision for different purposes; (b) may include consequential, incidental, supplementary, transitional, transitory or saving provision. (10) In this section, “specified” means specified in regulations under this section.
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