Part I Registered trade marks
F1Unjustified threats
Annotations:
Amendments (Textual)
21Threats of infringement proceedings
1
A communication contains a “threat of infringement proceedings” if a reasonable person in the position of a recipient would understand from the communication that—
a
a registered trade mark exists, and
b
a person intends to bring proceedings (whether in a court in the United Kingdom or elsewhere) against another person for infringement of the registered trade mark by—
i
an act done in the United Kingdom, or
ii
an act which, if done, would be done in the United Kingdom.
2
References in this section and in section 21C to a “recipient” include, in the case of a communication directed to the public or a section of the public, references to a person to whom the communication is directed.
Ss. 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)