3(1)Section 5 of the Registered Designs Act 1949 is amended as follows.
(2)For “a competent authority” or “the competent authority”, wherever occurring, substitute “the Secretary of State”; and in subsection (3)(c) for “that authority” substitute “he”.
(3)For subsection (2) substitute—
“(2)The Secretary of State shall by rules make provision for securing that where such directions are given—
(a)the representation or specimen of the design, and
(b)any evidence filed in support of the applicant’s contention that the appearance of an article is material (for the purposes of section 1(3) of this Act),
shall not be open to public inspection at the Patent Office during the continuance in force of the directions.”
(4)In subsection (3)(b) after “representation or specimen of the design” insert “, or any such evidence as is mentioned in subsection (2)(b) above,”.
(5)Omit subsection (5).