Section 70A 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)

where the invention is a product, making a product for disposal or importing a product for disposal, or

(b)

where the invention is a process, using a process.

(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 a product or process, and

(b)

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

(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 70C and 70D “an actionable threat” means a threat of infringement proceedings that is actionable in accordance with this section.

Annotations

Textual amendments

F1: Ss. 70-70F substituted for s. 70 (1.10.2017) by Intellectual Property (Unjustified Threats) Act 2017 (c. 14), ss. 1(2), 8; S.I. 2017/771, reg. 2(1)(a) (with reg. 3)