Copyright, Designs and Patents Act 1988

287 Patents county courts: special jurisdiction. E+W

(1) The Lord Chancellor may [F1 , with the concurrence of the Lord Chief Justice,] by order made by statutory instrument designate any county court as a patents county court and confer on it jurisdiction (its “special jurisdiction”) to hear and determine such descriptions of proceedings—

(a) relating to patents or designs, or

(b) ancillary to, or arising out of the same subject matter as, proceedings relating to patents or designs,

as may be specified in the order.

(2) The special jurisdiction of a patents county court is exercisable throughout England and Wales, but rules of court may provide for a matter pending in one such court to be heard and determined in another or partly in that and partly in another.

(3) A patents county court may entertain proceedings within its special jurisdiction notwithstanding that no pecuniary remedy is sought.

(4) An order under this section providing for the discontinuance of any of the special jurisdiction of a patents county court may make provision as to proceedings pending in the court when the order comes into operation.

(5) Nothing in this section shall be construed as affecting the ordinary jurisdiction of a county court.

[F2 (6) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

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Amendments (Textual)

F1 Words in s. 287(1) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para. 200(2); S.I. 2006/1014, art. 2(a), Sch. 1 paras. 10, 11(r)

F2 S. 287(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para. 200(3); S.I. 2006/1014, art. 2(a), Sch. 1 paras. 10, 11(r)

Modifications etc. (not altering text)

C1 S. 287 applied (1.7.1999) by S.I. 1999/1618, reg. 7(6)(a)