The Intellectual Property (Unjustified Threats) Act 2017 has received Royal Assent

The Intellectual Property (Unjustified Threats) Act 2017 received Royal Assent on 27 April 2017. The Act is expected to come into force in the Autumn 2017.

This long overdue Act is likely to be well received by IP owners and IP practitioners as it provides consistency and more clarity to an area which has historically been riddled with uncertainty.

The Effect: In the UK it is possible to bring an action against groundless threats of infringement proceedings in relation to patent, trade mark or design rights.

In addition to harmonising the position across the aforementioned rights, the Act also provides clarification as to what constitutes a “threat of infringement proceedings” and also provides for “permitted communications”.

Importantly: Professional advisers making threats on a client’s behalf will no longer be liable for unjustified threats as long as they are acting on instructions and when making the communication they identify the person on whose instruction they are acting.

Victoria Jones is recognised in the World Trademark Review 1000 2017, Chambers and Partners and the Legal 500 for her intellectual property expertise: "Victoria Jones of 3PB Barristers is appreciated by solicitors for her "deft handling of difficult lay clients", and is hailed for her "impressive intellect and an excellent eye for detail.”