5 Design right
Intellectual Property (Unjustified Threats) Act 2017 (2017 c 14) | Legislation

5  Design right

(1)     Part 3 of the Copyright, Designs and Patents Act 1988 (design right) is amended as follows.

(2)     For section 253 (remedy for unjustified threats of infringement proceedings), and the heading immediately before that section, substitute—

“Unjustified threats

253 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)     design right subsists in a design, 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 design right 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 253C 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.

253A 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

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