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Government proposes revamp of groundless threats provisions

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The Government has proposed updating the law on legal action against people who make groundless threats for infringement of intellectual property rights. The groundless threats provisions seek to offer some protection to people who receive a concerning letter accusing them of infringing intellectual property rights. There are some intellectual property rights such as copyright that currently have no rules against making groundless threats; and for those that do, such as patents, trade marks and registered designs, the provisions differ. The Intellectual Property Office and Department for Business, Innovation and Skills have agreed with Law Commission proposals to clarify the area. Those bodies have all agreed that legal advisers should be exempt from being on the receiving end of a groundless threats action when communicating with a business on behalf of their rights holder clients.

The Government position can be found here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/406525/Govt_Response_to_Law_Commission_Report_on_IP_threats_final_response_doc_2015_02_13.pdf.

We now await to see when the draft changes to the rules will be presented.


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