Page 1188 - IOM Law Society Rules Book
P. 1188

RULES OF THE HIGH COURT OF JUSTICE

                                 (i)     copyright;
                                 (ii)    design right;

                                 (iii)   rights in performances;
                                 (iv)    moral rights;
                                 (v)     rights to prevent circumvention of copy-protection;
                                 (vi)    plant variety rights;
                                 (vii)   database rights;
                                 (viii)   rights to trade secrets;
                                 (ix)    rights to prevent passing off;
                                 (x)     rights to geographical indications.
                          (2)    In this Chapter —
                          ‘the 1977 Act’ means the Patents Act 1977 (an Act of Parliament);
                          ‘the 1991 Act’ means the Copyright Act 1991;
                          ‘the 1994 Act’ means the Trade Marks Act 1994 (an Act of Parliament);
                          ‘the  Comptroller’  means  the  Comptroller  General  of  Patents,  Designs  and  Trade
                          Marks;
                          ‘patent’ means a patent under the 1977 Act and includes a supplementary protection
                          certificate;
                          ‘the register’ means whichever of the following registers is appropriate —
                          (a)    the register of patents maintained by the Comptroller under section 32 of the
                                 1977 Act;

                          (b)    the  register  of  designs  maintained  by  the  registrar  under  section  17  of  the
                                 Registered Designs Act 1949;
                          (c)    the register of trade marks maintained by the registrar under section 63 of the
                                 1994 Act;
                          ‘the registrar’ means —
                          (a)    the registrar of trade marks; or
                          (b)    the registrar of registered designs,
                          whichever is appropriate.

                   13.68  Starting intellectual property claim (63.5, 63.13)
                          (1)    Claims to which this Part applies must be started —
                          (a)    by issuing a claim form; or
                          (b)    as an additional claim in existing proceedings.
                          (2)    Claims relating to —
                          (a)    patents,
                          (b)    registered designs, and
                          (c)    supplementary protection certificates;
                   shall be allocated to the ordinary procedure.

                          (3)    Claims relating to —
                          (a)    copyright;
                          (b)    design right;
                          (c)    rights in performances;
                          (d)    moral rights;


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