F1PART 63INTELLECTUAL PROPERTY CLAIMS
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 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;
F5g
‘Intellectual Property Enterprise Court’ means a specialist list established within the Chancery Division of the High Court;
F6h
‘enterprise judge’ means a judge authorised by the Chancellor of the High Court to sit in the Intellectual Property Enterprise Court;
F3i
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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;
F8iv
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F9v
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vi
plant varieties maintained by the Controller under regulation 12 of the Plant Breeders’ Rights Regulations 1998; and
F10vii
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k
“the registrar” means—
i
the registrar of trade marks; or
ii
the registrar of registered designs,
whichever is appropriate.
3
F4Save as provided in rule 63.27, claims to which this Part applies are allocated to the multi-track. F7Rule 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.
Pt. 63 substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rule 1(2), Sch. 1