# Registered Designs Act 1949, Section 26C: Remedies and defences


(1) Proceedings in respect of an actionable threat may be brought against the person who made the threat for—
(a) a declaration that the threat is unjustified;
(b) an injunction against the continuance of the threat;
(c) damages in respect of any loss sustained by the aggrieved person by reason of the threat.
(2) It is a defence for the person who made the threat to show that the act in respect of which proceedings were threatened constitutes (or if done would constitute) an infringement of the right in the registered design.
(3) It is a defence for the person who made the threat to show—
(a) that, despite having taken reasonable steps, the person has not identified anyone who has done an act mentioned in section 26A(2)(a) or (b) in relation to the product which is the subject of the threat, and
(b) that the person notified the recipient, before or at the time of making the threat, of the steps taken.

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Source: https://www.legislation.gov.uk/ukpga/Geo6/12-13-14/88/section/26C (the official version)
Page: https://openlegislation.uk/registered-designs-act-1949/section-26C
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.