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The High Court and County Courts Jurisdiction (Amendment) Order 2005, United Kingdom

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Details Details Year of Version 2005 Dates Adopted: March 9, 2005 Type of Text Implementing Rules/Regulations Subject Matter Patents (Inventions), Trademarks, Enforcement of IP and Related Laws Notes This Order in article 3 amends the High Court and County Courts Jurisdiction Order 1991 in order to extend the jurisdiction of a patents county court and the county courts of Birmingham, Bristol, Cardiff, Leeds, Liverpool, Manchester and Newcastle upon Tyne to hear trade marks matters under the Trade Marks Act 1994.
Article 4 of this Order provides amendments to the sections 75 and 76 of the Trade Marks Act dealing with the jurisdiction of the High Court.
This Order in article 5 also provides amendments to the Patents County Court (Designation and Jurisdiction) Order 1994.

The text of the High Court and County Courts Jurisdiction (Amendment) Order 2005 is subject to Crown copyright protection (@Crown Copyright).

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 The High Court and County Courts Jurisdiction (Amendment) Order 2005

Status: This is the original version (as it was originally made). UK Statutory Instruments are not carried in their revised form on this site.

S T A T U T O R Y I N S T R U M E N T S

2005 No. 587 (L.15)

SUPREME COURT OF ENGLAND AND WALES COUNTY COURTS, ENGLAND AND WALES

The High Court and County Courts Jurisdiction (Amendment) Order 2005

Made - - - - 9th March 2005

Laid before Parliament 10th March 2005

Coming into force - - 1st April 2005

The Lord Chancellor, in exercise of the powers conferred upon him by sections 1 and 120 of the Courts and Legal Services Act 1990(1), after consulting in accordance with section 1(9) of that Act, makes the following Order:

Citation and commencement

1. This Order may be cited as the High Court and County Courts Jurisdiction (Amendment) Order 2005 and shall come into force on 1st April 2005.

Interpretation

2. In this Order— (a) “the 1991 Order” means the High Court and County Courts Jurisdiction Order 1991(2) and

an article referred to by number alone means the article so numbered in the 1991 Order; and (b) “patents county court” means a county court designated as a patents county court under

section 287(1) of the Copyright, Designs and Patents Act 1988(3).

Amendments to the 1991 Order

3. In article 2— (a) omit sub-paragraph (1)(b); and (b) after paragraph (7), insert—

(1) 1990 c. 41. (2) S.I.1991/724. There are no relevant amending statutory instruments. (3) 1988 c. 48.

Document Generated: 2013-07-17 Status: This is the original version (as it was originally made). UK

Statutory Instruments are not carried in their revised form on this site.

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“(7A) A patents county court and the county courts listed in paragraph (7B) shall have jurisdiction under the following provisions of the Trade Marks Act 1994(4)—

(a) sections 15, 16, 19, 23(5), 25(4)(b), 30, 31, 46, 47, 64, 73 and 74; (b) paragraph 12 of Schedule 1; and (c) paragraph 14 of Schedule 2,

to include jurisdiction to hear and determine any claims or matters ancillary to, or arising from proceedings brought under such provisions.

(7B) For the purposes of paragraph (7A), the county courts at— (a) Birmingham; (b) Bristol; (c) Cardiff; (d) Leeds; (e) Liverpool; (f) Manchester; and (g) Newcastle upon Tyne,

shall have jurisdiction.”.

Amendments to the Trade Marks Act 1994

4.—(1) The Trade Marks Act 1994 is amended as follows. (2) In section 75, in paragraph (a), for the second “and” substitute—

“, the High Court or a county court having jurisdiction by virtue of an order made under section 1 of the Courts and Legal Services Act 1990,

(aa) in”. (3) In section 76, after subsection (5) insert—

“(6) In the application of this section to England and Wales, “the court” means the High Court.”.

Amendments to the Patents County Court (Designation and Jurisdiction) Order 1994

5. In article 3 of the Patents County Court (Designation and Jurisdiction) Order 1994(5)— (a) for “article 4 below,” substitute—

“article 4 below— (a)”; and

(b) after “such proceedings” insert— “; and

(b) under the following provisions of the Trade Marks Act 1994— (i) sections 15, 16, 19, 23(5), 25(4)(b), 30, 31, 46, 47, 64, 73 and 74;

(ii) paragraph 12 of Schedule 1; and (iii) paragraph 14 of Schedule 2,

(4) 1994 c. 26. (5) S.I. 1994/1609. There are no relevant amending statutory instruments.

Document Generated: 2013-07-17 Status: This is the original version (as it was originally made). UK

Statutory Instruments are not carried in their revised form on this site.

3

to include jurisdiction to hear and determine any claims or matters ancillary to, or arising from proceedings brought under such provisions.”.

9th March 2005 Falconer of Thoroton, C.

Document Generated: 2013-07-17 Status: This is the original version (as it was originally made). UK

Statutory Instruments are not carried in their revised form on this site.

4

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the High Court and County Courts Jurisdiction Order 1991 so as to extend the jurisdiction of—

a patents county court and the county courts at Birmingham, Bristol, Cardiff, Leeds, Liverpool, Manchester, and Newcastle upon Tyne

to hear trade mark matters under the Trade Marks Act 1994 (article 3). The Order also makes consequential amendments to the following primary and secondary legislation—

Trade Marks Act 1994 (article 4) Patents County Court (Designation and Jurisdiction) Order 1994 (article 5).


Legislation Amends (3 text(s)) Amends (3 text(s))
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