October 2, 2017

The Government says that the new law on threats is “clearer, consistent across all relevant IP rights, and will help businesses to avoid expensive litigation.”

The 2017 Act, which came into force on 1 October 2017 will:

• help businesses negotiate fairly over IP disputes, and protect businesses who can be most harmed by unjustified threats;
• make it clear what you can and cannot say when approaching another business about an alleged infringement;
• help IP owners and third parties understand when an approach is a threat;
• encourage IP owners to approach the source of the alleged infringement, rather than customers or retailers;
• encourage a culture of allowing businesses to “talk first”, rather than head to court; and
• bring consistency and certainty across this complex area of IP law.

The previous law was complex, unclear, and inconsistent between the various IP rights involved. It made IP owners, particularly SMEs, reluctant to try and enforce their IP. It also made it difficult for businesses to make legitimate attempts to settle an IP dispute before going to court. The changes follow from detailed proposals put forward by the Law Commission for reform in this area of law. To read the Government’s press release in full, click here.