The Civil Procedure Rules 1998 No. 3132 (L. 17)

[F1 PART 63 E+W PATENTS AND OTHER INTELLECTUAL PROPERTY CLAIMS

Textual Amendments

F1 Pt. 63 inserted (1.4.2003) by The Civil Procedure (Amendment No. 2) Rules 2002 (S.I. 2002/3219), rule 1, Sch.

II REGISTERED TRADE MARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS E+W

Allocation E+W

63.13— (1) This Section of this Part applies to—

(a) claims relating to matters arising out of the 1994 Act; and

(b) other intellectual property rights as set out in the practice direction.

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F3 Claims] to which this Section of this Part applies must be brought in—

(a) the Chancery Division;

(b) a Patents County Court; or

(c) a county court where there is also a Chancery district registry.

Textual Amendments

F2 Rule 63.13(2) omitted (1.4.2005) by virtue of The Civil Procedure (Amendment No. 4) Rules 2004 (S.I. 2004/3419), rules 1, 15(a)

F3 Word in rule 63.13(3) substituted (1.4.2005) by The Civil Procedure (Amendment No. 4) Rules 2004 (S.I. 2004/3419), rules 1, 15(b)

Claims under the 1994 Act E+W

63.14   In a claim under the 1994 Act, the claim form or application notice must be served on the registrar where the relief sought would, if granted, affect an entry in the United Kingdom register.

Claim for infringement of registered trade mark E+W

63.15— (1) In a claim for infringement of a registered trade mark the defendant may—

(a) in his defence, challenge the validity of the registration of the trade mark; and

(b) apply by Part 20 claim for—

(i) revocation of the registration;

(ii) a declaration that the registration is invalid; or

(iii) rectification of the register.

(2) Where a defendant applies under paragraph (1)(b) and the relief sought would, if granted, affect an entry in the United Kingdom register, he must serve on the registrar a copy of his claim form.]