Section 253A Actionable threatsF1

(1)

Subject to subsections (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 subsection (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 subsection (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 sections 253C and 253D an “actionable threat” means a threat of infringement proceedings that is actionable in accordance with this section.

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))