Source: Pinsent Masons via Mondaq, 8th May 2017
“Businesses unjustifiably accused of intellectual property (IP) rights infringements could be eligible for damages from rights holders under new legislation that has been enacted in the UK.
The Intellectual Property (Unjustified Threats) Act 2017 received Royal Assent on 27 April, although most of the provisions will not take effect until further regulations are introduced by the UK government.”
“the current laws on groundless threats were developed over a period of time and apply slightly differently depending on whether the IP right in question is a patent, trade mark or design right.
The new Act, when it takes full effect, will help to standardise these rules and simplify further complications that apply at the moment which relate to whether threats of legal action are made to suspected primary or secondary infringers.”