New Circuit Court Rules for Intellectual Property Claims
The rules of the circuit court have been changed to facilitate access to this court for certain intellectual property claims.
A new 5D ordinance has been inserted into the rules of the Circuit Court.1 It establishes procedures to deal with certain intellectual property claims brought before this court. An “intellectual property claim” is defined in Section 2 of the Copyright and Related Rights Act 2000 and includes certain procedures specified under the 2000 Act as well as the Patents Act of 2000. 1992, the Trademarks Act of 1996 and the Industrial Design Act of 2001.
These new judicial rules follow the 2019 law on copyright and other provisions relating to intellectual property. See our related briefing here. It has made various changes to the legislation in this area to allow the extension of the jurisdiction of the Circuit Court and the District Court to allow right holders to bring claims for infringement of intellectual property of lesser importance. value in the monetary jurisdiction of these courts. The objective was to improve the possibilities of execution of these requests, in particular those which would not be economical to pursue in the High Court.
The new rules specify that an intellectual property claim must be made by issuing and serving an ordinary civil deed which must contain certain additional information, specific to intellectual property proceedings. In summary, the entries must indicate:
- the registration number of any relevant registered intellectual property right;
- full details of the ownership of any relevant unregistered intellectual property right, or the claimant’s right to claim infringement;
- details of the nature and extent of any intellectual property right claimed by the applicant (including the capacity in which the applicant is suing if it is not the registered owner or holder of the relevant intellectual property right) ;
- details of the alleged infringement;
- the material facts invoked in support of the request;
- the specific relief sought against each defendant, each provision or rule of law invoked in support of that relief and the grounds for the relief;
- the facts to demonstrate the jurisdiction of the court to hear the case.
The new rules also deal with a variety of applications, such as a civil claim for surrender, for example, of counterfeit goods under the Industrial Design Act of 2001 or counterfeit goods under the Industrial Design Act. 1996 marks. There are also provisions dealing with requests for erasure and so on. of a sign incriminated under this law of 1996 or for the confiscation or disposal of counterfeit goods or articles under various intellectual property laws.
The new rules come into effect on October 12, 2021.