F1PART 63INTELLECTUAL PROPERTY CLAIMS

Annotations:
Amendments (Textual)

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 the practice direction.

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;

g

“patents county court” means a county court designated as a patents county court under section 287(1) of the 1988 Act;

h

“patents judge” means a person nominated under section 291(1) of the 1988 Act as the patents judge of a patents county court;

i

“the practice direction” means the Practice Direction supplementing this Part;

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;

iv

Community trade marks maintained by the Office for Harmonisation in the Internal Market under Article 83 of Council Regulation (EC) No. 40/94;

v

Community designs maintained by the Office for Harmonisation in the Internal Market under Article 72 of Council Regulation (EC) No. 6/2002; and

vi

plant varieties maintained by the Controller under regulation 12 of the Plant Breeders’ Rights Regulations 1998; and

k

“the registrar” means—

i

the registrar of trade marks; or

ii

the registrar of registered designs,

whichever is appropriate.

3

Claims to which this Part applies are allocated to the multi-track.