No longer a threat when making IP threats
The Intellectual Property (Unjustified Threats) Bill was introduced into the House of Lords on 19 May 2016. The new provisions aim to amend the law relating to unjustified threats to commence proceedings for infringement of patents, trade marks, registered designs, design right and community designs.
The bills key elements are to:
The bill incorporates a “shield” for lawyers and other professional advisors for threatening the commencement of legal action, on the basis that they are acting on client instructions. However, it does not extend the shield to clients as their liability remains unaffected.
It is a welcome change to the current legislation as at present, the UK is the only country within the EU that allows the recipient of a threatening letter before action the possibility of obtaining an injunction and/or damages from the person who made the threat.
Briffa is able to advise you if you have any concerns with regards to protecting your intellectual property and commencing a claim without constituting an unjustified threat.
Briffa advises on all aspects of Intellectual Property litigation and all other aspects of intellectual property law.
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