The Civil Procedure Rules 1998

[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.]]

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