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

Patents

1 听笔补迟别苍迟蝉

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

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

鈥淯njustified threats
70聽Threats of infringement proceedings

(1)聽聽聽聽 A communication contains a 鈥渢hreat of infringement proceedings鈥 if a reasonable person in the position of a recipient would understand from the communication that鈥

(a)聽聽聽聽 a patent exists, and

(b)聽聽聽聽 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鈥

(i)聽聽聽聽 an act done in the United Kingdom, or

(ii)聽聽聽聽 an act which, if done, would be done in the United Kingdom.

(2)聽聽聽聽 References in this section and in section 70C to a 鈥渞ecipient鈥 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聽Actionable threats

(1)聽聽聽聽 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)聽聽聽聽 A threat of infringement proceedings is not actionable if the infringement is alleged to consist of鈥

(a)聽聽聽聽 where the invention

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