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As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the withdrawal agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Note: brexit—IP rights.

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note sets out the law of unjustified threats of UK and Community design right infringement prior to its amendment by the Intellectual Property (Unjustified Threats) Act 2017 (IP(UT)A 2017). Communications made prior to 1 October 2017 continue to be governed by the old regime in respect of patents, trade marks and designs, as appropriate.

All references in this Practice Note to the Copyright, Designs and Patents Act 1988, the Registered Designs Act 1949, and the Community Design Regulations 2005, are references to the legislation as it was prior to its amendment by the Intellectual Property (Unjustified Threats) Act 2017 (IP(UT)A 2017) on 1 October