(In this YAWS version a few editorial alterations have been made to the description of the CPR and Practice Directions, eg references to Part 3.8 have been changed to Rule 3.8, to ensure consistency with the remainder of the site.)
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The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997Acts[1] to make rules of court under section 1 of that Act, after consulting in accordance with section 2(6)(a) of that Act, make the following Rules - Citation, commencement and interpretation 1. These Rules may be cited as the Civil Procedure (Amendment No. 2) Rules 2002 and shall come into force on 1st April 2003. 2. In these Rules a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998[2]. Amendments to the Civil Procedure Rules 1998 3. In rule 25.13(2) -
(ii) not resident in a Brussels Contracting State, a Lugano Contracting State or a Regulation State, as defined in section 1(3) of the Civil Jurisdiction and Judgments Act 1982Acts[3];";
(b) omit sub-paragraph (b).
(b) file a certificate of service of the notice."; and
(b) omit paragraph (4).
5.
In rule 37.1, for paragraph (1) substitute -
(b) in relation to each such notice, file a certificate of service.".
6.
In Part 49, in paragraph (2), omit sub-paragraph (d).
(b) after sub-paragraph (d) insert -
(e) the Commonhold and Leasehold Reform Act 2002[4]".
8.
After Part 62, insert Part 63 (Patents and other Intellectual Property Claims) as set out in the Schedule to these Rules.
Scope of this Part and interpretation 63.1 (1) This Part applies to all intellectual property claims including -
(ii) registered designs; and (iii) registered trade marks; and
(b) unregistered intellectual property rights such as -
(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 -
(b) "the 1988 Act" means the Copyright, Designs and Patents Act 1988Acts[6]; (c) "the 1994 Act" means the Trade Marks Act 1994Acts[7]; (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 -
(ii) the Patents (Supplementary Protection Certificate for Medicinal Products) Regulations 1992[9]; and (iii) the Patents (Supplementary Protection Certificate for Plant Protection Products) Regulations 1996[10];
(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 1981Acts[11];
(ii) designs maintained by the registrar under section 17 of the Registered Designs Act 1949[12]; (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[13]; and (v) Community designs maintained by the Office for Harmonisation in the Internal Market under Article 72 of Council Regulation (EC) 6/2002[14]; and
(i) "the registrar" means -
(ii) the registrar of registered designs,
whichever is appropriate.
Application of the Civil Procedure Rules
(b) a Patents County Court.
(2) Claims in the court include any claim relating to matters arising out of -
(b) the Registered Designs Act 1949; and (c) the Defence Contracts Act 1958Acts[15].
Specialist list
(b) in existing proceedings under Part 20.
Defence and reply
(b) to rule 15.8 that the claimant must -
(ii) serve it on all other parties,
within 21 days of service of the defence.
Case management
(b) rule 29.4 (the court's approval of agreed proposals for the management of proceedings); and (c) rule 29.5 (variation of case management timetable) with the exception of rule 29.5(1)(c).
(4) As soon as practicable the court will hold a case management conference which must be fixed in accordance with the practice direction.
(ii) the grounds upon which the amendment is sought;
(b) state whether the applicant will contend that the claims prior to amendment are valid; and
(3) The application notice must, if it is reasonably possible, be served on the Comptroller electronically.
(b) declines to deal with an application under section 40(5) of the 1977 Act; or (c) certifies under section 72(7)(b) of the 1977 Act that the court should determine the question whether a patent should be revoked, any person seeking the court's determination of that question or application must issue a claim form within 14 days of the Comptroller's decision.
Application by employee for compensation
(b) within the period prescribed by paragraphs (2) and (3).
(2) The prescribed period begins on the date of the grant of the patent and ends one year after the patent has ceased to have effect.
(b) if restoration is refused, is treated as expiring one year after the patent ceased to have effect, or six months after the refusal, whichever is the later.
II
REGISTERED TRADE MARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS
(b) other intellectual property rights as set out in the practice direction.
(2) Claims under the 1994 Act must be brought in the Chancery Division.
(b) a Patents County Court; or (c) a county court where there is also a Chancery district registry.
Claims under the 1994 Act
(b) apply by Part 20 claim for -
(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.
(b) the Office for Harmonisation in the Internal Market.
IV
APPEALS (This note is not part of the Rules) These Rules insert into the Civil Procedure Rules 1998, as Part 63, new rules governing the procedure for intellectual property rights, in particular patents, registered designs and registered trade marks. They supersede the provisions in Practice Direction 49E. The opportunity has been taken to make the following minor amendments to the rules currently in force: - to rule 25.13 (security for costs where the claimant is resident out of the jurisdiction and not in a convention state) to comply with the judgment of the Court of Appeal in De Beer v. Kanaar & Co.; - to rules 36.6 and 37.1, in anticipation of changes to the rules governing payments into court; and - to rule 56.4 (miscellaneous provisions about land). Notes: [1] 1997 c. 12.back [2] S.I. 1998/3132. There are relevant amendments in S.I. 2000/221, S.I. 2001/356, S.I. 2001/4015 and S.I. 2002/2058.back [3] 1982 c. 27, as amended by the Civil Jurisdiction and Judgments Act 1991 (c. 12) and by S.I. 1989/1346, S.I. 1990/2591, S.I. 1993/603, S.I. 2000/1824 and S.I. 2001/3929.back [13] OJ No. L11, 14.1.1994, p 1.back [14] OJ No. L3, 5.1.2002, p 1.back
ISBN 0 11 044429 9
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