F1PART 63PATENTS AND OTHER INTELLECTUAL PROPERTY CLAIMS

Annotations:
Amendments (Textual)

Scope of this Part and interpretation63.1

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;

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.