The Civil Procedure Rules 1998

Changes over time for: Section 63.1

Alternative versions:

Changes to legislation:

The Civil Procedure Rules 1998, Section 63.1 is up to date with all changes known to be in force on or before 11 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Rule 63.1:

rule 3.4(2)(d) and words inserted by S.I. 2025/106 rule 4(c)
rule 4(2)-(7) rule 4(1)-(6) renumbered as rule 4(2)-(7) by S.I. 2025/106 rule 5(a)
rule 44.2(9)(10) and words inserted by S.I. 2025/106 rule 9
rule 52 word substituted by S.I. 2025/106 rule 12
rule 58.13(2)(c) inserted by S.I. 2025/106 rule 13(b)
rule 59.11(2)(c) inserted by S.I. 2025/106 rule 14(c)
rule 82.5(2)(3) inserted by S.I. 2025/106 rule 17(1)(b)

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

rule 3.4(2)(d) and words inserted by S.I. 2025/106 rule 4(c)
rule 4(2)-(7) rule 4(1)-(6) renumbered as rule 4(2)-(7) by S.I. 2025/106 rule 5(a)
rule 44.2(9)(10) and words inserted by S.I. 2025/106 rule 9
rule 52 word substituted by S.I. 2025/106 rule 12
rule 58.13(2)(c) inserted by S.I. 2025/106 rule 13(b)
rule 59.11(2)(c) inserted by S.I. 2025/106 rule 14(c)
rule 82.5(2)(3) inserted by S.I. 2025/106 rule 17(1)(b)

[F1Scope of this Part and interpretationE+W

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 [F2Practice Direction 63].

(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 or a supplementary protection certificate granted by the Patent Office under Article 10(1) of Council Regulation (EEC) No. 1768/92 or of Regulation (EC) No. 1610/96 of the European Parliament and the Council and includes any application for a patent or supplementary protection certificate;

(f)“Patents Court” means the Patents Court of the High Court constituted as part of the Chancery Division by section 6(1) of the Senior Courts Act 1981;

[F3(g)‘Intellectual Property Enterprise Court’ means a specialist list established within the Chancery Division of the High Court;]

[F4(h)‘enterprise judge’ means a judge authorised by the Chancellor of the High Court to sit in the Intellectual Property Enterprise Court;]

F5(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)“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;

F6(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi)plant varieties maintained by the Controller under regulation 12 of the Plant Breeders’ Rights Regulations 1998; and

F8(vii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k)“the registrar” means—

(i)the registrar of trade marks; or

(ii)the registrar of registered designs,

whichever is appropriate.

(3) [F9Save as provided in rule 63.27, claims] to which this Part applies are allocated to the multi-track. [F10Rule [F1126.4(1)] applies save for the modification that the court will send the parties a notice requiring the parties to file proposed directions by the date specified in the notice. For a claim which is allocated to the multi-track by this rule, rule [F1226.4(2)] and rules [F1326.5 to 26.18] do not apply.]]