F1Opinions service
28AOpinions 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.
S. 28A and cross-heading inserted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 11(1), 24(1); S.I. 2014/2330, art. 3, Sch.