Tuesday, 4 September 2012
Following the IPKat's Friday Fantasies post enquiring about the status of the promised small claims track for the Patents County Court, Katpat to Philip Harris of Walker Morris who, after a not inconsiderable amount of digging, has discovered that The Civil Procedure (Amendment No.2) Rules 2012 were laid before Parliament on 29 August 2012 [even though Parliament is on holiday].
Section [or is that Rule?] 10 of the amending legislation alters Civil Procedure Rule (CPR - the rules which govern civil proceedings in England & Wales) Part 63 so that claims in the Patents County Court may be allocated to the small claims track. However, this is only if:
(a) rule 63.13, but not rule 63.2, applies to the claim;
(b) the value of the claim is not more than £5,000;
(c) it is stated in the particulars of claim that the claimant wishes the claim to be
allocated to the small claims track; and
(d) no objection to the claim being allocated to the small claims track is raised by the
defendant in the defence.
Patents and registered designs are not included being covered as they are by CPR 63.2. However, trade marks, unregistered designs and database rights are in. The Rules come in to force on 1 October 2012.