Paragraph 63.1 Scope of this Part and interpretation

(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)

(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^f1;

(b)

“the 1988 Act” means the Copyright, Designs and Patents Act 1988^f2;

(c)

“the 1994 Act” means the Trade Marks Act 1994^f3;

(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^f4;

(ii)

the Patents (Supplementary Protection Certificate for Medicinal Products) Regulations 1992^f5; and

(iii)

the Patents (Supplementary Protection Certificate for Plant Protection Products) Regulations 1996^f6;

(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^f7;

(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^f8;

(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^f9; and

(v)

Community designs maintained by the Office for Harmonisation in the Internal Market under Article 72 of Council Regulation (EC) 6/2002^f10; and

(i)

“the registrar” means—

(i)

the registrar of trade marks; or

(ii)

the registrar of registered designs,

whichever is appropriate.

Annotations

Footnotes

f1: 1977 c. 37.
f2: 1988 c. 48.
f3: 1994 c. 26.
f4: S.I. 1997/64.
f5: S.I. 1992/3091.
f6: S.I. 1996/3120.
f7: 1981 c. 54.
f8: 1949 c. 88.
f9: OJ No. L11, 14.1.1994, p 1.
f10: OJ No. L3, 5.1.2002, p 1.