Section 63.1

This Part applies to all intellectual property claims including— registered intellectual property rights such as— patents; registered designs; and registered trade marks; and unregistered intellectual property rights such as— copyright; design right; the right to prevent passing off; and the other rights set out in Practice Direction 63. In this Part— “the 1977 Act” means the Patents Act 1977; “the 1988 Act” means the Copyright, Designs and Patents Act 1988; “the 1994 Act” means the Trade Marks Act 1994; “the Comptroller” means the Comptroller General of Patents, Designs and Trade Marks; “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; “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; ‘Intellectual Property Enterprise Court’ means a specialist list established within the Chancery Division of the High Court; ‘enterprise judge’ means a judge authorised by the Chancellor of the High Court to sit in the Intellectual Property Enterprise Court; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “the register” means whichever of the following registers is appropriate— patents maintained by the Comptroller under section 32 of the 1977 Act; designs maintained by the registrar under section 17 of the Registered Designs Act 1949; trade marks maintained by the registrar under section 63 of the 1994 Act; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . plant varieties maintained by the Controller under regulation 12 of the Plant Breeders’ Rights Regulations 1998; and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “the registrar” means— whichever is appropriate. the registrar of trade marks; or the registrar of registered designs, 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.

← 5 · All articles · 1 →

Source: legislation.gov.uk · retrieved 2026-08-15