- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (31/08/2009)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 01/10/2009
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There are currently no known outstanding effects for the The Civil Procedure Rules 1998, Section 63.1.
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63.1—(1) This Part applies to all intellectual property claims including—
(a)registered intellectual property rights such as—
(i)patents;
(ii)registered designs; and
(iii)registered trade marks; and
(b)unregistered intellectual property rights such as—
(i)copyright;
(ii)design right;
(iii)the right to prevent passing off; and
(iv)the other rights set out in the practice direction.
(2) In this Part—
(a)“the 1977 Act” means the Patents Act 1977;
(b)“the 1988 Act” means the Copyright, Designs and Patents Act 1988;
(c)“the 1994 Act” means the Trade Marks Act 1994;
(d)“the Comptroller” means the Comptroller General of Patents, Designs and Trade Marks;
(e)“patent” means a patent under the 1977 Act and includes any application for a patent or supplementary protection certificate granted under—
(i)the Patents (Supplementary Protection Certificates) Rules 1997;
(ii)the Patents (Supplementary Protection Certificate for Medicinal Products) Regulations 1992; and
(iii)the Patents (Supplementary Protection Certificate for Plant Protection Products) Regulations 1996;
(f)“Patents Court” means the Patents Court of the High Court constituted as part of the Chancery Division by section 6(1) of the Supreme Court Act 1981;
(g)“Patents County Court” means a county court designated as a Patents County Court under section 287(1) of the 1988 Act;
[F2(gg)“patents judge” means a person nominated under section 291(1) of the 1988 Act as the patents judge of a patents county court;]
(h)“the register” means whichever of the following registers is appropriate—
(i)patents maintained by the Comptroller under section 32 of the 1977 Act;
(ii)designs maintained by the registrar under section 17 of the Registered Designs Act 1949;
(iii)trade marks maintained by the registrar under section 63 of the 1994 Act;
(iv)Community trade marks maintained by the Office for Harmonisation in the Internal Market under Article 83 of Council Regulation (EC) 40/94; and
(v)Community designs maintained by the Office for Harmonisation in the Internal Market under Article 72 of Council Regulation (EC) 6/2002; and
(i)“the registrar” means—
(i)the registrar of trade marks; or
(ii)the registrar of registered designs,
whichever is appropriate.
[F3(3) Claims to which this Part applies are allocated to the multi-track.]]
Textual Amendments
F1Pt. 63 inserted (1.4.2003) by The Civil Procedure (Amendment No. 2) Rules 2002 (S.I. 2002/3219), rule 1, Sch.
F2Rule 63.1(2)(gg) inserted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 46
F3Rule 63.1(3) inserted (6.4.2006) by The Civil Procedure (Amendment No.4) Rules 2005 (S.I. 2005/3515), rules 1, 18(a)
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