Section 253 Threats of infringement proceedingsF1

(1)

A communication contains a “threat of infringement proceedings” if a reasonable person in the position of a recipient would understand from the communication that—

(a)

design right subsists in a design, and

(b)

a person intends to bring proceedings (whether in a court in the United Kingdom or elsewhere) against another person for infringement of the design right by—

(i)

an act done in the United Kingdom, or

(ii)

an act which, if done, would be done in the United Kingdom.

(2)

References in this section and in section 253C to a “recipient” include, in the case of a communication directed to the public or a section of the public, references to a person to whom the communication is directed.

Annotations

Textual amendments

F1: S. 253 253 and crossheading substituted for (1.10.2017) by Intellectual Property (Unjustified Threats) Act 2017 (c. 14), ss. 5(2), 8 (with art. 7(4)); S.I. 2017/771, reg. 2(1)(b) (with reg. 3)

Notes on Part III

Modifications

C1: Pt. 3 modified by S.I. 1989/1100, arts. 3-9, Sch. (as amended (1.1.2024) by S.I. 2023/1285, regs. 1(2), 2(2))