The Civil Procedure (Amendment No. 2) Rules 2002

Scope of this Part and interpretation

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 the practice direction.

(2) In this Part—

(a) “the 1977 Act” means the Patents Act 1977(1);

(b) “the 1988 Act” means the Copyright, Designs and Patents Act 1988(2);

(c) “the 1994 Act” means the Trade Marks Act 1994(3);

(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(4);

(ii) the Patents (Supplementary Protection Certificate for Medicinal Products) Regulations 1992(5); and

(iii) the Patents (Supplementary Protection Certificate for Plant Protection Products) Regulations 1996(6);

(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(7);

(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(8);

(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(9); and

(v) Community designs maintained by the Office for Harmonisation in the Internal Market under Article 72 of Council Regulation (EC) 6/2002(10); and

(i) “the registrar” means—

(i) the registrar of trade marks; or

(ii) the registrar of registered designs,

whichever is appropriate.

(1)

1977 c. 37.

(2)

1988 c. 48.

(3)

1994 c. 26.

(4)

S.I. 1997/64.

(5)

S.I. 1992/3091.

(6)

S.I. 1996/3120.

(7)

1981 c. 54.

(8)

1949 c. 88.

(9)

OJ No. L11, 14.1.1994, p 1.

(10)

OJ No. L3, 5.1.2002, p 1.