||All England Reporter
|| All ER (D) 22 (Apr)
|| EWHC 877 (Ch)
Judge Birss QC (Sitting as a judge of the High Court)
||Michael Tappin QC (instructed by Fox Williams) for the claimant.
||Jacqueline Reid (instructed by Kempner & Partners) for the defendant.
||3 April 2012
Patent - Practice - Transfer of action - Jurisdiction - Action for infringement of copyright - Action assigned to High Court - Defendant applying for transfer of proceedings to Patents County Court (PCC) - Master holding no jurisdiction to assign action - Whether master having jurisdiction to transfer actions to PCC - CPR 30.5(3), CPR 63.3.
Patent Practice. The Chancery Division of the High Court held that Chancery masters had jurisdiction to transfer a case to the Patents County Court (PCC) in relation to intellectual property claims properly proceeding in the general Chancery Division. The current practice, in which applications to transfer cases to and from the PCC were handled by judges of the court from which the case was to be transferred, was correct and in accordance with the CPR.
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