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Privileged communications.
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91.—(1) This section applies to communications in respect of any matter relating to the protection of a trade mark or in respect of any matter involving passing off.
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(2) Any communication to which this section applies—
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(a) between a person and his registered agent, or
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(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 registered agent,
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is privileged from disclosure in legal proceedings in the State 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 seeks for the purpose of instructing his solicitor.
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(3) In subsection (2) “registered agent” means—
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(a) a registered trade mark agent;
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(b) a partnership entitled to describe itself as a firm of registered trade mark agents; or
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(c) a body corporate entitled to describe itself as a registered trade mark agent.
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