- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (26/11/2021)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 26/11/2021.
Trade Marks Act 1994, Section 21D is up to date with all changes known to be in force on or before 31 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Proceedings in respect of an actionable threat may not be brought against a professional adviser (or any person vicariously liable for the actions of that professional adviser) if the conditions in subsection (3) are met.
(2)In this section “professional adviser” means a person who, in relation to the making of the communication containing the threat—
(a)is acting in a professional capacity in providing legal services or the services of a trade mark attorney or a patent attorney, and
(b)is regulated in the provision of legal services, or the services of a trade mark attorney or a patent attorney, by one or more regulatory bodies (whether through membership of a regulatory body, the issue of a licence to practise or any other means).
(3)The conditions are that—
(a)in making the communication the professional adviser is acting on the instructions of another person, and
(b)when the communication is made the professional adviser identifies the person on whose instructions the adviser is acting.
(4)This section does not affect any liability of the person on whose instructions the professional adviser is acting.
(5)It is for a person asserting that subsection (1) applies to prove (if required) that at the material time—
(a)the person concerned was acting as a professional adviser, and
(b)the conditions in subsection (3) were met.]
Textual Amendments
F1Ss. 21-21F and cross-heading substituted for s. 21 (1.10.2017) by Intellectual Property (Unjustified Threats) Act 2017 (c. 14), ss. 2(2), 8; S.I. 2017/771, reg. 2(1)(b) (with reg. 3)
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