(3) Chapter VIII of the Rules of the Supreme Court as in force immediately before the commencement of these Rules continues to apply to a proceeding in the Court commenced before the commencement of these Rules as if these Rules had not been made. 1.04 Application of these Rules r. 1.04 These Rules apply to any intellectual property case commenced in the Court on or after 27 November 2006 and to an application made under Rule 2.02 to enter a proceeding in the List and to a proceeding so entered. 1.05 Application of Chapter I Chapter I of the Rules of the Supreme Court and the general practice of the Court apply in relation to a proceeding to which these Rules apply except so far as is otherwise provided by these Rules or any Act or regulations made under any Act. 1.06 Definitions (1) In these Rules— Advance Australia Logo Protection Act means the Advance Australia Logo Protection Act 1984 of the Commonwealth; Circuit Layouts Act means the Circuit Layouts Act 1989 of the Commonwealth; Commissioner means— (a) in relation to proceedings under the Patents Act, the Commissioner under that Act; and (b) in relation to proceedings under the Designs Act, the Registrar under that Act; and
(c) in relation to proceedings under the Trade Marks Act, the Registrar under that Act; and (d) in relation to proceedings under the Olympic Insignia Protection Act, the Registrar under the Designs Act; r. 1.06 Copyright Act means the Copyright Act 1968 of the Commonwealth; court expert is a person who has been appointed as an independent expert under Rule 10.01(1); decision includes a direction given or determination made by the Commissioner or Secretary; Designs Act means the Designs Act 2003 of the Commonwealth; expert includes any skilled person whose opinion on a question relevant to any issue in dispute in a proceeding would be received by the Court; r. 1.06 intellectual property case means— (a) a proceeding for the infringement, or the determination of the validity of (i) a patent granted under the Patents Act or the Patents Act 1952 of the Commonwealth; (ii) a trade mark registered under the Trade Marks Act; (iii) a design registered under the Designs Act; (iv) EL rights allegedly subsisting under the Circuit Layouts Act;
Trade Marks Act means the Trade Marks Act 1995 of the Commonwealth. (2) An expression used in these Rules that is also used in a provision of a subject Act under which, or in relation to which, a proceeding is taken has, for the purposes of that proceeding, the same meaning in these Rules as it has in that provision. r. 1.06 __________________ 2 r. 2.01 INTELLECTUAL PROPERTY LIST Rule 2.01 (Heading) amended by S.R. No. 100/2008 rule 27(a). 2.01 Judge of the Court to control List Rule 2.01(1) amended by S.R. No. 100/2008 rule 27(b). (1) A Judge of the Court shall be in charge and shall have control of the proceedings in the List. (2) Subject to any directions of the Judge and to paragraph (3), the powers of the Court in relation to a proceeding in the List shall be exercised only by the Judge. Rule 2.01(3) amended by S.R. Nos 100/2008 rule 27(c), 47/2014 rule 8. (3) The powers of the Judge in relation to a proceeding in the List may be exercised by another Judge of the Court if the Judge requests him or her to do so or if in special or urgent circumstances that other Judge thinks fit to exercise them. 2.02 Entry into Intellectual Property List Rule 2.02(1) amended by S.R. No. 47/2014 rule 9(1). (1) The writ, originating motion, originating process in Form 5F of Chapter I, summons, or other document commencing an intellectual property