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ARTICLE · 17 APRIL 2018

Navigating The New Groundless Threats Regime

Mishcon de Reya LLP
Mishcon de Reya LLP
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Mishcon de Reya LLP

Mishcon de Reya LLP

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The Intellectual Property (Unjustified Threats) Act 2017 came into force on 1 October 2017. Whilst the revisions are ‘evolutionary,' rather than ‘revolutionary' ...

United KingdomIntellectual Property
Mishcon De Reya
Mishcon De Reya

The Intellectual Property (Unjustified Threats) Act 2017 came into force on 1 October 2017. Whilst the revisions are 'evolutionary,' rather than 'revolutionary', it is now much easier for trade mark and design rights holders to correspond with infringers without being at risk of a claim for groundless threats of proceedings. In particular, the new regime:

  • introduces a new statutory two-part test for a groundless threat, based on the threat being about acts done or to be done in the UK
  • aligns the threats regime across the relevant IP rights, for example, allowing trade mark and design owners to challenge primary actors about their primary and secondary acts of infringement (in respect of the same goods)

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