Regulation 2A Unjustified threats: actionable threatsF1

(1)

Subject to paragraphs (2) to (5), a threat of infringement proceedings made by any person is actionable by any person aggrieved by the threat.

(2)

A threat of infringement proceedings is not actionable if the infringement is alleged to consist of—

(a)

making an article for disposal, or

(b)

importing an article for disposal.

(3)

A threat of infringement proceedings is not actionable if the infringement is alleged to consist of an act which, if done, would constitute an infringement of a kind mentioned in paragraph (2)(a) or (b).

(4)

A threat of infringement proceedings is not actionable if the threat—

(a)

is made to a person who has done, or intends to do, an act mentioned in paragraph (2)(a) or (b) in relation to an article, and

(b)

is a threat of proceedings for an infringement alleged to consist of doing anything else in relation to that article.

(5)

A threat of infringement proceedings which is not an express threat is not actionable if it is contained in a permitted communication.

(6)

In regulations 2C and 2D an “actionable threat” means a threat of infringement proceedings that is actionable in accordance with this regulation.

Annotations

Textual amendments

F1: Regs. 2-2F substituted for reg. 2 (1.10.2017) by Intellectual Property (Unjustified Threats) Act 2017 (c. 14), ss. 6(2), 8(2); S.I. 2017/771, reg. 2(1)(b) (with reg. 3)