HomeInsightsIntellectual Property (Unjustified Threats) Act 2017 (Commencement and Transitional Provisions) Regulations 2017 made

Article by

The commencement and transitional provisions applicable to the new Act on unjustified threats, which received Royal Assent on 27 April 2017, have been made.  The main thrust of the Act is to bring consistency across unjustified threats law as it applies to patents, trade marks and designs.

The Regulations provide that, on 1 October 2017, the following sections will be in force:

  • sections 1(1), (2), (4), (5), (6) and (7) covering patents;
  • sections 2 to 6 covering UK and EU trade marks and designs; and
  • section 7(4), which covers extending certain provisions to the Isle of Man, the Channel Islands or other territories.

The Regulations also include transitional provisions, which state that the changes made under the 2017 Act do not have retrospective effect and only apply to threats of infringement proceedings made on or after 1 October 2017.  To access the Regulations, click here.