Intellectual Property (Unjustified Threats) Act 2017 (c. 14)

(1) The Patents Act 1977 is amended as follows. (2) For section 70 (remedy for unjustified threats of infringement proceedings) substitute—

(1) Subject to paragraphs (2) to (5), a threat of infringement proceedings made by any person is actionable by any person aggrieved by the threat. (2) A threat of infringement proceedings is not actionable if the infringement is alleged to consist of— (a) making an article for disposal, or (b) importing an article for disposal. (3) A threat of infringement proceedings is not actionable if the infringement is alleged to consist of an act which, if done, would constitute an infringement of a kind mentioned in paragraph (2)(a) or (b). (4) A threat of infringement proceedings is not actionable if the threat— (a) is made to a person who has done, or intends to do, an act mentioned in paragraph (2)(a) or (b) in relation to an article, and (b) is a threat of proceedings for an infringement alleged to consist of doing anything else in relation to that article. (5) A threat of infringement proceedings which is not an express threat is not actionable if it is contained in a permitted communication. (6) In regulations 2C and 2D an “ actionable threat ” means a threat of infringement proceedings that is actionable in accordance with this regulation.