Intellectual Property (Unjustified Threats) Act 2017
Jurisdiction | UK Non-devolved |
Citation | 2017 c. 14 |
Year | 2017 |
(1) The Patents Act 1977 is amended as follows.(2) For section 70 (remedy for unjustified threats of infringement proceedings) substitute—“ Declaration or declarator as to non-infringement ” .(5) In section 74 (proceedings in which validity of a patent may be put in issue) in subsection (1) (b) , for “under section 70” substitute “ in respect of an actionable threat under section 70A ” .(6) In section 78 (effect of filing an application for a European patent (UK) ) , in subsection (2) at the appropriate place insert “ sections 70 to 70F ” .(7) In section 106 (costs and expenses in proceedings before the Court) in subsection (1A) (c) , for “under section 70” substitute “ in respect of an actionable threat under section
- “(1) A communication contains a “threat of infringement proceedings” if a reasonable person in the position of a recipient would understand from the communication that—
- (a) a patent exists, and
- (b) a person intends to bring proceedings (whether in a court in the United Kingdom or elsewhere) against another person for infringement of the patent by—
- (i) an act done in the United Kingdom, or
- (ii) an act which, if done, would be done in the United Kingdom.
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