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Posted 15 May 2017
by Kirsty McLennan

Unjustified Threats

The Intellectual Property (Unjustified Threats) Bill received Royal Assent on 27 April 2017 and is expected to be passed as law later this year.

Currently a person threatened in writing with patent or trademark action can argue that the letter constituted an “unjustified threat” and bring their own proceedings on this basis.

The new bill:

  • Creates instances where parties cannot be held liable for making a threat.
  • Clarifies the definition of a threat.
  • Introduces a new provision preventing threat actions being brought against advisers, provided they are acting on the instructions of and clearly identify their client in communications.

While parks should now have greater scope for ensuring their Intellectual Property is protected the Bill also serves as a timely reminder to park operators to ensure that they own or have the right to use any material, prior to publishing it.

Further information can be found here:

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About the author

Kirsty McLennan

Associate and Solicitor

Associate in the commercial litigation team helping landlords, tenants and owners of residential and holiday parks resolve disputes