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Registered Designs Act 1949, Section 26A is up to date with all changes known to be in force on or before 09 September 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)Subject to subsections (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 a product for disposal, or
(b)importing a product 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 subsection (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 subsection (2)(a) or (b) in relation to a product, and
(b)is a threat of proceedings for an infringement alleged to consist of doing anything else in relation to that product.
(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 sections 26C and 26D an “actionable threat” means a threat of infringement proceedings that is actionable in accordance with this section.]
Textual Amendments
F1Ss. 26-26F and cross-heading substituted for s. 26 (1.10.2017) by Intellectual Property (Unjustified Threats) Act 2017 (c. 14), ss. 4(3), 8; S.I. 2017/771, reg. 2(1)(b) (with reg. 3)
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