PART 5THE REGISTER AND OTHER INFORMATION

Inspection and information about registered designs

Inspection of register, representations and specimens

28.—(1) The register and any representation or specimen of a registered design shall be open for inspection at the Patent Office during the hours the Patent Office is open for all classes of public business (see rule 45(2)).

(2) Whilst a direction under section 5(1) in respect of a design remains in force, no representation or specimen of the design shall be open to inspection.

Inspection of documents

29.—(1) Where a design has been registered under the Act, there shall be open to inspection at the Patent Office on and after the date on which the certificate of registration is granted every document kept at the Patent Office in connection with that design.

(2) But no document may be inspected—

(a)before the end of the period of 14 days beginning with the day—

(i)it was filed at the Patent Office; or

(ii)received by the registrar or the Patent Office;

(b)where that document was prepared by the registrar or the Patent Office for internal use only;

(c)where the document includes matter—

(i)which in the registrar’s opinion disparages any person in a way likely to damage him; or

(ii)the inspection of which would in his opinion be generally expected to encourage offensive, immoral or anti-social behaviour.

(3) Unless, in a particular case, the registrar otherwise directs, no document may be inspected —

(a)where—

(i)the document was prepared by the registrar or the Patent Office other than for internal use; and

(ii)it contains information which the registrar considers should remain confidential;

(b)where it is treated as a confidential document (under rule 30).

(4) In this rule and rule 30 references to a document include part of a document.

Confidential information

30.—(1) Where a person files a document at the Patent Office or sends it to the registrar or the Patent Office, any person may request that the document be treated as a confidential document.

(2) A request to treat a document as confidential shall—

(a)be made before the end of the period of 14 days beginning with the date on which the document was filed at the Patent Office or received by the registrar or at the Patent Office;

(b)include reasons for the request.

(3) Where a request has been made under paragraph (1), the document shall be treated as confidential until the registrar refuses that request or makes a direction under paragraph (4).

(4) Where it appears that there is good reason for the document to remain confidential, the registrar may direct that the document shall be treated as a confidential document; otherwise he shall refuse the request made under paragraph (1).

(5) But, where the registrar believes there is no longer a good reason for the direction under paragraph (4) to remain in force, he shall revoke it.

Information about rights in registered designs

31.—(1) A request for information under section 23 shall be made on Form DF21 and be accompanied by the prescribed fee.

(2) The request shall—

(a)where the registration number is known by the person making the request, include that number; or

(b)in any other case, be accompanied by a representation or specimen of the product—

(i)in which the design has been incorporated; or

(ii)to which the design has been applied.