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11.—(1) This regulation applies to communications as to any matter relating to the protection of any trade mark or as to any matter involving passing off.
(2) Any such communication—
(a)between a person and his professional trade marks representative, or
(b)for the purposes of obtaining, or in response to a request for, information which a person is seeking for the purpose of instructing his professional trade marks representative,
is privileged from, or in Scotland protected against, disclosure in legal proceedings 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 is seeking for the purpose of instructing his solicitor.
(3) In paragraph (2) a person’s “professional trade marks representative” means a person who is retained by him and is on the special list of professional representatives for trade marks matters referred to in Article 89 of the Community Trade Mark Regulation.
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