Section 21A Actionable threatsF1

United Kingdom

(1)

Subject to subsections (2) to (6), 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)

applying, or causing another person to apply, a sign to goods or their packaging,

(b)

importing, for disposal, goods to which, or to the packaging of which, a sign has been applied, or

(c)

supplying services under a sign.

(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), (b) or (c).

(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 goods or their packaging, and

(b)

is a threat of proceedings for an infringement alleged to consist of doing anything else in relation to those goods or their packaging.

(5)

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)(c) in relation to services, and

(b)

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

(6)

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

(7)

In sections 21C and 21D “an actionable threat” means a threat of infringement proceedings that is actionable in accordance with this section.

Annotations

Textual amendments

F1: Ss. 21-21F and cross-heading substituted for s. 21 (1.10.2017) by Intellectual Property (Unjustified Threats) Act 2017 (c. 14), ss. 2(2), 8; S.I. 2017/771, reg. 2(1)(b) (with reg. 3)