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Intellectual Property (Unjustified Threats) Act 2017

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  • Intellectual Property (Unjustified Threats) Act 2017

    Posted on 18th September 2017 at 2:42 pm
    As featured in Scottish Legal News

    Care is always needed when making allegations of IP infringement in the UK. This is because unjustified threats may be actionable. The current law has been criticised for being overly complex and long standing reforms are about to take effect. The key provisions of the Intellectual Property (Unjustified Threats) Act 2017 come into force on 1 October 2017. The Act introduces much needed consistency into UK law by aligning the rules for patents, design rights and trade marks on the making of unjustified threats. It also introduces greater certainty for those alleging IP infringement.


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  • #2
    Re: Intellectual Property (Unjustified Threats) Act 2017

    Well I never knew unjustified threats of action for IP infringment was such a huge issue that we need legislation specifically to cover it.

    21Threats of infringement proceedings

    (1)A communication contains a “threat of infringement proceedings” if a reasonable person in the position of a recipient would understand from the communication that—

    (a)a registered trade mark exists, and

    (b)a person intends to bring proceedings (whether in a court in the United Kingdom or elsewhere) against another person for infringement of the registered trade mark by—

    (i)an act done in the United Kingdom, or

    (ii)an act which, if done, would be done in the United Kingdom.

    (2)References in this section and in section 21C to a “recipient” include, in the case of a communication directed to the public or a section of the public, references to a person to whom the communication is directed.
    amends http://www.legislation.gov.uk/ukpga/1994/26/contents
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    • #3
      Re: Intellectual Property (Unjustified Threats) Act 2017

      Forgive my stupidity, but does this also cover literature etc?

      For example, I write under my name for my children's books but am thinking of using a pen name for my adult books (keep em separate).

      What would happen in that circumstance as they would belong to the same person?
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