Hogarth Chambers
6 Experts
4 Contributions by Hogarth Chambers Experts
PRECEDENTS
Case No. [ insert claim number ]
IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST (ChD) [ INTELLECTUAL PROPERTY ENTERPRISE COURT (IPEC) OR PATENTS COURT ]
BETWEEN: [ insert full name of claimant ] Claimant and [ insert full name of defendant ] Defendant
DEFENCE AND COUNTERCLAIM
DEFENCE
Preliminary Points
In this Defence and Counterclaim, except where indicated, any paragraph numbering refers to the paragraphs set out in the Particulars of Claim and not otherwise. The headings and defined terms from the Particulars of Claim are employed here purely for ease of reference, and their use is without concession as to meaning, or implication herein.
Except to the extent expressly addressed below, the Defendant takes issue with the Claimant’s allegations and contentions in the Particulars of Claim, all of which are denied in full. Any matter not admitted is not within the
IP
PRECEDENTS
Case No. [ insert claim number ]
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES
INTELLECTUAL PROPERTY LIST (ChD)
[ INTELLECTUAL PROPERTY ENTERPRISE COURT (IPEC) OR PATENTS COURT ]
BETWEEN: [ insert full name of claimant ] Claimant
and [ insert full name of defendant ] Defendant
REPLY AND DEFENCE TO COUNTERCLAIM
REPLY
Preliminary Points
Unless indicated otherwise, in this Reply and Defence to Counterclaim any paragraph references are to those in the Defence and Counterclaim.
The Claimant contests the Defendant’s allegations and contentions in the Defence and Counterclaim in their entirety, except to the extent that they amount to admissions.
The Claimant's Rights
Registered Design
Paragraph 5 is denied. The Registered Design is neither currently nor at any material time has been invalid for the reasons advanced in the Defence and Counterclaim [ and/or in the Grounds of Invalidity set out at Annex 1 ], as
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PRECEDENTS
The purpose of a claim form
A claim form is the document that initiates proceedings. It sets out key details for the case, including:
the court reference number to appear on all later court documents;
the parties involved in the proceedings;
the relief sought or what is being claimed;
particulars of the claim (including any claim for interest); and
contact details for the claimant, usually the claimant’s solicitor.
The procedural requirements on how and where to commence proceedings are in CPR Part 7. General guidance on what a claim form should contain is provided in the Practice Note: Claim form—the contents. This Precedent is accompanied by material containing suggested wording for claims concerning infringement of UK registered designs, UK unregistered designs and/or supplementary unregistered designs. The Precedent also highlights the specific issues to consider when completing a claim form for these
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PRECEDENTS
Case No. [ insert number ]
IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS OF ENGLAND & WALESINTELLECTUAL PROPERTY LIST (ChD)
[ [ INTELLECTUAL PROPERTY ENTERPRISE COURT (IPEC) OR PATENTS COURT ] ]
BETWEEN
[ insert full name of claimant ] — Claimant
and
[ insert full name of defendant ] — Defendant
PARTICULARS OF CLAIM
The Parties
The Claimant is, and at all times material has been, [ insert details of Claimant ].
The Claimant [ is a company formed under the laws of [ insert jurisdiction ] on [ insert date ] with company number [ insert number ], with a registered address at [ insert address ], and ] carries on [ insert brief description of Claimant’s business ].
The Defendant is, and throughout the relevant period has been, [ insert details of Defendant ].
The Defendant [ is a company constituted under the laws of [ insert
IP
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