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Copyright, Designs and Patents Act 1988
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Changes over time for: Section 292
Version Superseded: 01/10/2009
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- 01/02/1991- Amendment
- 03/04/2006- Amendment
- 06/04/2007
Point in time - 01/10/2009- Amendment
- 01/01/2010- Amendment
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292 Rights and duties of registered patent agents in relation to proceedings in patents county court.E+W
(1)A registered patent agent may do, in or in connection with proceedings in a patents county court which are within the special jurisdiction of that court, anything which a solicitor of the Supreme Court might do, other than prepare a deed.
(2)The Lord Chancellor may by regulations provide that the right conferred by subsection (1) shall be subject to such conditions and restrictions as appear to the Lord Chancellor to be necessary or expedient; and different provision may be made for different descriptions of proceedings.
[F1(2A)The Lord Chancellor may make regulations under subsection (2) only with the concurrence of the Lord Chief Justice.]
(3)A patents county court has the same power to enforce an undertaking given by a registered patent agent acting in pursuance of this section as it has, by virtue of section 142 of the M1County Courts Act 1984, in relation to a solicitor.
(4)Nothing in section 143 of the County Courts Act 1984 (prohibition on persons other than solicitors receiving remuneration) applies to a registered patent agent acting in pursuance of this section.
(5)The provisions of county court rules prescribing scales of costs to be paid to solicitors apply in relation to registered patent agents acting in pursuance of this section.
(6)Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
[F2(7)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]
Textual Amendments
F1S. 292(2A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para. 202(2); S.I. 2006/1014, art. 2(a), Sch. 1 paras. 10, 11(r)
F2S. 292(7) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para. 202(2); S.I. 2006/1014, art. 2(a), Sch. 1 paras. 10, 11(r)
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