Intellectual Property Bill [HL]

My Lords, in this Clause there is a proposal to add a new Section 28A to the Registered Designs Act 1949 to enable the registrar to provide opinions about designs. We and the respondents to the consultation generally welcome this proposal. However, we believe that proposed new subsections 28A(6) and 28A(7) seem to be contradictory. Subsection (6) of the proposed new section seems to say that an opinion is not a decision. If it is, presumably it has no legal force and is therefore not appealable. There is logic in that formulation. However, subsection (7) seems to provide that such opinions are appealable. Why is that? On what grounds are they appealable and to whom? Would a successful appeal change the nature of the opinion? If it had been tested in the courts, it would suggest that it would be different. Can the Minister therefore provide us with some clarification? Our amendment seeks to provide only an opportunity for the noble Viscount to read some suitable words into the record. I beg to move.