UNIFORM CIVIL PROCEDURE RULES 2005 - REG 48.2 Definitions

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 48.2

48.2 Definitions

(cf SCR Part 81, rule 2)

(1) In this Part--


"Commissioner" means--

(a) in relation to proceedings under the Designs Act 2003 of the Commonwealth, the Registrar within the meaning of that Act, or

(b) in relation to proceedings under the Patents Act 1990 of the Commonwealth, the Commissioner within the meaning of that Act, or

(c) in relation to proceedings under the Trade Marks Act 1995 of the Commonwealth, the Registrar within the meaning of that Act.

"intellectual property Act" means the Circuit Layouts Act 1989 of the Commonwealth, the Copyright Act 1968 of the Commonwealth, the Designs Act 2003 of the Commonwealth, the Patents Act 1990 of the Commonwealth or the Trade Marks Act 1995 of the Commonwealth.


"intellectual property case" means--

(a) any proceedings for infringement of EL rights subsisting under the Circuit Layouts Act 1989 of the Commonwealth, or

(b) any proceedings for infringement of copyright under the Copyright Act 1968 of the Commonwealth, or

(c) any proceedings for infringement of a monopoly in a design registered under the Designs Act 2003 of the Commonwealth, or

(d) any proceedings for infringement of a patent granted under the Patents Act 1990 of the Commonwealth, or

(e) any proceedings for infringement of a trade mark registered under the Trade Marks Act 1995 of the Commonwealth, or

(f) any other proceedings under any of those Acts,

whether or not the cause of action in those proceedings is joined with any other cause of action.

(2) These rules apply to proceedings under the Patents Act 1990 of the Commonwealth as if a reference in that Act to an
"applicant" were a reference to a
"plaintiff" and as if a reference in that Act to a
"respondent" were a reference to a
"defendant" .