1 Patents
Intellectual Property (Unjustified Threats) Act 2017 (2017 c 14) | Legislation

Patents

1 Ìý±Ê²¹³Ù±ð²Ô³Ù²õ

(1)     The Patents Act 1977 is amended as follows.

(2)     For section 70 (remedy for unjustified threats of infringement proceedings) substitute—

“Unjustified threats
70 Threats of infringement proceedings

(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.

(2)     References in this section and in section 70C to a “recipient†include, in the case of a communication directed to the public or a section of the public, references to a person to whom the communication is directed.

70A Actionable threats

(1)     Subject to subsections (2) to (5), 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)     where the invention

Powered by Lexis+®
 

Popular documents

LEXISNEXIS

Sentencing fraud offences committed by individuals

Sentencing fraud offences committed by individualsThe Sentencing Council (SC) has produced sentencing guidelines for fraud offences under the Fraud Act 2006 (fraud by false representation, fraud by failing to disclose information and fraud by abuse of position), false accounting under section 17 of

LEXISNEXIS

Scotland: the Accountant in Bankruptcy

Scotland: the Accountant in BankruptcyThe office of the Accountant in Bankruptcy (AiB) was created by section 156 of the Bankruptcy (Scotland) Act 1856 . Previously, the functions of the AiB were limited but since 1993, with the enactment of the Bankruptcy (Scotland) Act 1993 (B(S)A 1993), the role

LEXISNEXIS

Traditional procurement of construction contracts

Traditional procurement of construction contractsThis Practice Note provides a basic explanation of traditional procurement in construction. It looks at why this type of procurement is used and also considers particular issues to take into account when choosing to follow this procurement route.When

LEXISNEXIS

Defects liability period and rectification of defects

Defects liability period and rectification of defectsIt is common in construction projects for defects to manifest or appear in the works. Most construction contracts require the contractor to return to site to rectify (also known as ‘make good’) defects which arise or are discovered during a