1999 No. 1785 (S.109) 
COURT OF SESSION, SCOTLAND 
Act of Sederunt (Rules of the Court of Session Amendment 
No.6) (Causes Relating to In tellectual Property) 1999 
Made 
18th June 1999 
Coming into force 
12th July 1999 
The Lords of Council and Session, under and by virtue of the po wers conferred on them by section 5 of the Court 
of Session Act 1988(( 1)and of all other power s enabling them in t hat behalf, do hereby enact and declare:— 
Citation and commencement 
1.—(1) This Act of Sederunt may be cited as the Act of Sederunt ( Rules of the Court of Session 
Amendment No. 6) (Causes Relating to Intellectual Property) 199 9 and shall come into force on 12th July 
1999. 
(2) This Act of Sederunt shall be inserted in the Books of Sede runt. 
Causes relating to intellectual property 
2.—(1) Chapter 55 (causes relating to intellectual property) of t he Rules of the Court of Session 1994( 2), 
shall be amended as follows. 
(2) The judge known as the patents judge shall henceforth inste ad be known as the intellectual property 
judge; and accordingly, in each of rules 55.2, 55.14(1) and (2) (a), 55.15, 55.16(3) and 55.19(1) and (2)(a), 
for the words “patents judge”, wherever they occur (including i n the heading to rule 55.2), there shall be 
substituted “intellectual property judge”(( 3) 
(3) After rule 55.2 there shall be inserted— 
“Requirement for marking 
55.2A.   In a cause to which this Chapter applies, initiated— 
(a)by summons, the pursuer shall, before presenting the summons  to the General Department 
for signeting; 
(b)by petition, the petitioner shall, before lodging the petiti on in the Petition Department, 
mark it distinctly in red, both on the first page and on the ba cking, with the words “Intellectual 
Property Cause”; and thereafter every step of process in the ca use shall be so marked by the 
person lodging it.” (4) In rule 55.3— 
(a)for the heading and for paragraphs (1) and (2), there shall be substituted— 
• “Procedural hearings 
In a cause to which this Chapter  applies, not later than five w eeks after— 
(a)if it is a cause initiated by  summons, the closing of the re cord; or 
(b)if it is a cause initiated by  petition, the expiry of any pe riod of adjustment allowed, 
o (b)the pursuer or petitioner sha ll enrol a motion, which shall be put out unstarred, for a dat e to be fixed for a hearing 
in accordance with this rule (a “procedural hearing”); and afte r consultation with the intellectual property judge the 
Keeper of the Rolls shall fix a dat e accordingly and shall noti fy it to the parties. 
Unless the parties have otherwise agreed, notification under pa ragraph (1) shall be given at least 14 days before 
the date so fixed. 
Not later than 7 days after notification under paragraph (1) th e parties may, having conferred with one another, 
jointly attend the Keeper of the Rolls that he may fix a differ ent date, more convenient to them, for the procedural 
hearing. 
To any motion enrolled by him under paragraph (1) the pursuer o r petitioner shall append a note— 
(a)identifying the points which  he intends to raise, other than  on a preliminary plea, at the 
procedural hearing; and 
(b)giving his estimate of the lik ely duration of that hearing.” . 
(b)in paragraph (3), for the words “pre-proof hearing”, there s hall be substituted “date notified under 
paragraph (1)”; and 
(c)in each of paragraphs (4) to (7), for the word “pre-proof”, wherever it occurs, there shall be substituted 
“procedural”. 
(5) In rule 55.4(1) (notices to admit), for the word “pre-proof ” substitute “procedural”. 
Saving 
3.  Paragraph 2 does not affect the provisions of Chapter 55 in t heir application to work done, or outlays 
incurred, before 12th July 1999. 
Rodger of Earlsferry  Edinburgh, Lord President 18 June 1999. I.P.D. 
EXPLANATORY NOTE 
(This note is not part of the Act of Sederunt) 
This Act of Sederunt amends the Rules of the Court of Session i n their application to causes relating to 
intellectual property so as to require that any summons, petiti on or other document lodged in the cause is 
clearly marked as so relating. The Act of Sederunt also amends the provisions of those Rules as to the fixing of what has been known as a pre-proof hearing and is now to be known as a procedural hearing; the main 
purpose of those amendments is to afford greater flexibility in  fixing a date for that hearing. 
Provision is made for the judge known as the patents judge to b e known instead as the intellectual property 
judge. 
(1) 
1988 c. 36 ; section 5 was amended by the Civil Evidence (Scotland) Act 1988 (c. 32) , section 2(3) and by the 
Children (Scotland) Act 1995 (c. 36) , Schedule 4, paragraph 45. 
(2) 
S.I. 1994/1443 . 
(3) 
Rule 55.19 was inserted by S.I. 1994/2901 .