6 Community design
Intellectual Property (Unjustified Threats) Act 2017 (2017 c 14) | Legislation

6  Community design

(1)     The Community Design Regulations 2005 (SI 2005/2339) are amended as follows.

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

“2 Unjustified threats: 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 Community design 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 Community design 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 regulation and in regulation 2C 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.

2A Unjustified threats: actionable threats

(1)     Subject to paragraphs (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)

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