A reformed approach to threats
By David Parrish and Melanie Eggers
UK legislation contains special provisions relating to groundless threats of infringement proceedings. It has long been thought the rules are too favourable to (alleged) infringers. The UK Law Commission has now published its final report and recommendations on reforming the threats regime.
Threats provisions apply to patents, UK and Community trademarks, UK registered designs, UK design right, registered Community designs and unregistered Community designs.
The claimant in a threats action (i.e. the recipient of threats) can seek a declaration that the threats were unjustified, an injunction to prevent further threats and damages. The threats provisions are intended to strike a balance between allowing rights owners legitimately to enforce their rights and preventing rights owners from making dubious infringement allegations — particularly against a competitor’s distributors and customers…
Click on the link below to read the rest of the Nabarro briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from The Lawyer
Analysis from The Lawyer
Nabarro senior partner and self-confessed “IT geek” Graham Stedman is heralding a major set of investments in technology ahead of the firm’s move to 125 London Wall this year.
Clients are more willing to bring claims against professional service providers but the risk to defendants is not as dramatic as it might seem