Modifications etc. (not altering text)
C1Pt. 3 modified by S.I. 1989/1100, arts. 3-9, Sch. (as amended (1.1.2024) by S.I. 2023/1285, regs. 1(2), 2(2))
Textual Amendments
F1S. 253 253 and crossheading substituted for (1.10.2017) by Intellectual Property (Unjustified Threats) Act 2017 (c. 14), ss. 5(2), 8 (with art. 7(4)); S.I. 2017/771, reg. 2(1)(b) (with reg. 3)
(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 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 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 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 sections 253C and 253D an “actionable threat” means a threat of infringement proceedings that is actionable in accordance with this section.]