Like every “wash-up period” preceding the dissolution of the British Parliament and the election of a new one, this latest period witnessed the passing of a new intellectual property Act, which received Royal Assent on April 27, 2017.
As its name implies, the Act is specific to liens issued by intellectual property rights owners. It is a chapter for each right, namely patents, trademarks, and designs. It harmonises the status of the rights of holders, leaving copyright aside.
First, the Act defines a threat of legal action for infringement. Accordingly, there is no doubt that the existence of an intellectual property right exists (patent, trademark or design) exists and that the holder of these rights has the right to bring legal action.
The Act focuses on the right of entry into the market for the first time, or for the first time. The rights’ owners will also be able to provide these actors with
Furthermore, the Act describes the actor’s defence of the threat, namely, that the threat is unjustified, seeking an injunction against the threat, or seeking damages for the harm suffered. This defence does not have the right to proof of ownership.
Finally, the Act introduces a new provision of advice to those who know their clients in the communication.
This new “Intellectual Property (Unjustified Threats) Act” is perceived as a positive step toward harmonizing the British legal system with views to intellectual property. The owner must remain vigilant before bringing a threat against a potential infringer to the consequences of the qualification of an unjustified threat.
Dreyfus & Associates is specialized in the field of intellectual property. The Dreyfus team is following new developments in Europe. We can help and advise you about intellectual property rights within Europe.