# The Civil Procedure Rules 1998, Rule 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) copyright;
(ii) design right;
(iii) the right to prevent passing off; and
(iv) the other rights set out in Practice Direction 63.
(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 Business and Property Division by section 6(1) of the Senior Courts Act 1981;
(g) ‘Intellectual Property Enterprise Court’ means a specialist list established within the Business and Property Division;
(h) ‘enterprise judge’ means a judge authorised by the President of the Business and Property Division to sit in the Intellectual Property Enterprise Court;
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(vi) plant varieties maintained by the Controller under regulation 12 of the Plant Breeders’ Rights Regulations 1998; and
(vii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(k) “the registrar” means—
(i) the registrar of trade marks; or
(ii) the registrar of registered designs,
whichever is appropriate.
(3) Save as provided in rule 63.27, claims to which this Part applies are allocated to the multi-track. Rule 26.4(1) applies save for the modification that the court will send the parties a notice requiring the parties to file proposed directions by the date specified in the notice. For a claim which is allocated to the multi-track by this rule, rule 26.4(2) and rules 26.5 to 26.18 do not apply.

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Source: https://www.legislation.gov.uk/uksi/1998/3132/rule/63.1 (the official version)
Page: https://openlegislation.uk/civil-procedure-rules-1998/rule-63.1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

