03/10/2017
Guidance on new ‘unjustified IP threats’ regime (UK)
Guidance on new rules, designed to enable businesses to avoid expensive litigation in relation to unjustified threats of legal action for infringing intellectual property rights when no infringement has occurred, has been published by the Intellectual Property Office.
The IP (Unjustifiable Threats) Act 2017, which came into force across the UK on 1 October, aims to make life easier for businesses and entrepreneurs by reforming the previous regime – which was both complex and inconsistent across different types of IP – by
- helping businesses negotiate fairly over IP disputes and protecting businesses that are most vulnerable to unjustified threats
- making it clear what a business can and can’t say when approaching another business about an alleged infringement
- helping IP owners and third parties understand when an approach is a threat
- encouraging IP owners to approach the source of the alleged infringement, rather than customers or retailers
- encouraging a culture of allowing businesses to “talk first”, rather than head to court
- bringing consistency and certainty across this complex area of IP law
Specific questions answered by ‘Guidance: IP (Unjustified Threats) Act for SMEs’ include
- what is IP infringement?
- I have received a letter saying that I am infringing – what do I do now?
- what is an unjustified threat?
- what protection is available against unjustifiable threats?
- I am a rights holder – how do I avoid making an unjustifiable threat?
- how should I approach a person I think is infringing my IP right?
- what am I allowed to say?