The Intellectual Property (Unjustified Threats) Act
2017 is set to become law shortly, introducing significant
changes to this complex area of IP law in the UK. We summarise
below the main changes, and some handy reminders.
Many managers and non-UK lawyers are unaware that liability can
arise when a threat is made concerning infringement of trade marks,
design rights or patents. This could be in the form of a claim
letter, or a statement to third parties, which might for example
include general publicity about a dispute, insinuations to
prospective investors or purchasers, or, at least in theory, an
online takedown notice.
Unless the threat falls into one of the statutory exceptions,
any person aggrieved, not necessarily the addressee of the threat,
can bring a claim for an injunction and damages. The party making
the threat must then justify it by proving that their valid rights
have been infringed. This can have the effect of dragging a rights
holder into court
