[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;
(iv)Community trade marks maintained by the Office for Harmonisation in the Internal Market under Article 83 of Council Regulation (EC) No. [F6207/2009] ;
(v)Community designs maintained by the Office for Harmonisation in the Internal Market under Article 72 of Council Regulation (EC) No. 6/2002; F7...
(vi)plant varieties maintained by the Controller under regulation 12 of the Plant Breeders’ Rights Regulations 1998; and
[F8(vii)Community plant variety rights maintained by the Community Plant Variety Right Office under Article 87 of Council Regulation (EC) No. 2100/94; and]
(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 26.3(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 26.3(1B) and rules 26.4 to 26.10 do not apply.]]
Textual Amendments
F1Pt. 63 substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rule 1(2), Sch. 1
F2Words in rule 63.1(1)(b)(iv) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 38(a)
F3Rule 63.1(2)(g) substituted (1.10.2013) by The Civil Procedure (Amendment No.7) Rules 2013 (S.I. 2013/1974), rules 2, 26(b)(i)
F4Rule 63.1(2)(h) substituted (1.10.2013) by The Civil Procedure (Amendment No.7) Rules 2013 (S.I. 2013/1974), rules 2, 26(b)(ii)
F5Rule 63.1(2)(i) omitted (6.4.2010) by virtue of The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 38(b)
F6Words in rule 63.1(2)(j)(iv) substituted (1.10.2013) by The Civil Procedure (Amendment No.7) Rules 2013 (S.I. 2013/1974), rules 2, 26(b)(iii)(aa)
F7Word in rule 63.1(2)(j)(v) omitted (1.10.2013) by virtue of The Civil Procedure (Amendment No.7) Rules 2013 (S.I. 2013/1974), rules 2, 26(b)(iii)(bb)
F8Rule 63.1(2)(j)(vii) inserted (1.10.2013) by The Civil Procedure (Amendment No.7) Rules 2013 (S.I. 2013/1974), rules 2, 26(b)(iii)(dd)
F9Words in rule 63.1(3) substituted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 10(b)
F10Words in rule 63.1(3) inserted (1.10.2013) by The Civil Procedure (Amendment No.7) Rules 2013 (S.I. 2013/1974), rules 2, 26(c)