Page 1189 - IOM Law Society Rules Book

PART 13: SPECIAL TYPES OF CLAIM

(e) rights to prevent circumvention of copy-protection;
(f) registered trade marks;

(g) Community trade marks;
(h) plant variety rights;
(i) database rights;
(j) rights to trade secrets;
(k) rights to prevent passing off; and
(l) rights to geographical indications;
shall be allocated to the chancery procedure.

13.69 Patents and registered designs
Schedule 13.1 has effect with respect to claims relating to patents and registered
designs.

13.70 Trade marks: service of claim form on registrar (63.14)
In a claim under the 1994 Act, the claim form or application notice must be served on
the registrar where the relief sought would, if granted, affect an entry in the register.

13.71 Claim for infringement of registered trade mark (63.15)
(1) In a claim for infringement of a registered trade mark the defendant may —
(a) in his defence, challenge the validity of the registration of the trade mark; and
(b) apply by an additional claim for —
(i) revocation of the registration;
(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 register, he must serve on the registrar a copy of his
claim form.
13.72 Service (63.16)
A claim form relating to a registered right may be served on a party who has
registered the right at the address for service given for that right in the register, provided that
the address is within the Isle of Man or the United Kingdom.
CHAPTER 9: REVIEW OF DETENTION

13.73 Scope
This Chapter applies to a claim to review the lawfulness of the detention of any
person (‘the detainee’).

13.74 Starting claim (RSC 54.1)
(1) The claim shall be started by an application in accordance with Chapter 2 of
Part 7 for an order requiring the defendant to produce the detainee and to show cause why the
detainee should not be released from detention (an ‘order to produce’).
(2) Subject to paragraph (3), the application notice must be accompanied by a
witness statement or affidavit by the detainee showing that the claim is made at his instance
and setting out the nature of the detention.
(3) Where the detainee is unable for any reason to make the witness statement or
affidavit required by paragraph (2), it may be made by some other person on his behalf, and

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