Trade Marks Act · s 80

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80.
Privilege for communications with registered trade mark agents
(1) This section applies to communications as to any matter relating to the protection of any trade mark or involving passing off.

Trade Marks 64
(2) Any such communication —
(a) between a person and his trade mark agent; or
(b) for the purpose of obtaining, or in response to a request for, information which a person is seeking for the purpose of instructing his trade mark agent, is privileged from disclosure in legal proceedings in the same way as a communication between a person and his advocate and 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 advocate and solicitor.
(3) In subsection (2), “trade mark agent” means —
(a) a registered trade mark agent;
(b) a partnership entitled to describe itself as a firm of registered trade mark agents;
(c) a body corporate entitled to describe itself as a registered trade mark agent; or
(d) any person authorised in writing under section 75.

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s 80Privilege for communications with registered trade mark agents

(1)

This section applies to communications as to any matter relating to the protection of any trade mark or involving passing off.

Trade Marks 64

(2)

Any such communication —

(a)

between a person and his trade mark agent; or

(b)

for the purpose of obtaining, or in response to a request for, information which a person is seeking for the purpose of instructing his trade mark agent, is privileged from disclosure in legal proceedings in the same way as a communication between a person and his advocate and 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 advocate and solicitor.

(3)

In subsection (2), “trade mark agent” means —

(a)

a registered trade mark agent;

(b)

a partnership entitled to describe itself as a firm of registered trade mark agents;

(c)

a body corporate entitled to describe itself as a registered trade mark agent; or

(d)

any person authorised in writing under section 75.