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| 23.1 |
The matters assigned to the Patents Court are essentially all those concerned with patents or registered designs. CPR Part 63 and PD 63 deal with its particular procedures. Appeals in patent, design and trade mark cases are governed by Part 52 (see CPR 63.17); reference should be made to Chapter 10 for the general procedure as regards such appeals.
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| 23.2 |
The principal Patent judges are Mr Justice Pumfrey and Mr Justice Kitchin. The other assigned Patents judges currently nominated are:
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Mr Justice Patten
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Mr Justice Lewison
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Mr Justice Mann
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Several senior practitioners have also been appointed to sit as Deputy High Court judges to hear Patent Court matters.
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| 23.3 |
Mr Justice Pumfrey is the judge in charge of the Patents List.
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| 23.4 |
In cases of great urgency, when a nominated judge or Deputy Judge is not available an application can be made to any other judge of the High Court, preferably a judge of the Chancery Division.
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| 23.5 |
The procedure of the Patents Court is broadly that of the Chancery Division as a whole, but there are important differences.
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| 23.6 |
The Patents Court has its own Court Guide which is available on the Patents Court website (www.hmcourts-service.gov.uk) and can also be found in Section 2F-111 of Volume 2 of the White Book. That Guide must be consulted for guidance as to the procedure in the Patents Court.
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| 23.7 |
The Court's diary can be accessed on its website. The Patents Court will endeavour, if the parties so desire and the case is urgent, to sit in September.
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| 23.8 |
Special provisions relate to the transfer of cases between the Patents Court and the Patents County Court. The Patents Court has no power to order the transfer to it of cases commenced in the Patents County Court which fall within the latter court's special jurisdiction (i.e. matters relating to patents and designs). On the other hand it does have the power to transfer cases commenced in the High Court to the Patents County Court.
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| 23.9 |
CPR 63.13 to 63.15 and paragraphs 18 to 27 of PD 63 apply to claims relating to matters arising out of the Trade Marks Act 1994Acts and other intellectual property rights (such as copyright, passing off, design rights, etc.) as set out in paragraph 18 of PD 63. Claims under the Trade Marks Act 1994Acts must be brought in the Chancery Division. Among the Chancery Masters trade mark cases are assigned to Master Bragge.
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| 23.10 |
Appeals from decisions of the Registrar of Trade Marks are brought to the Chancery Division as a whole, not the Patents Court. Permission to appeal is not required.
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