The Intellectual Property (Unjustified Threats) Act 2017 came into force last week. It could help intellectual property owners assert rights more freely. The act curtails a legal remedy available to a party threatened with IP infringement.
From now on parties cannot be held liable for making an ‘unjustified threat’ merely by asserting their ownership. The act also introduces a provision preventing actions from being brought against advisers provided they act on instructions and identify their client in communications.
Professional advisers, including solicitors, who make a ‘threat’ on a right owner’s behalf will no longer be liable for unjustified threats, provided they make it clear they are acting on the instructions of their client.
Intellectual property solicitor
If you have a brand, something you have invented, or an original piece of work that you have written and someone infringes your rights we can help. We can assist you in securing an injunction and/or damages or account of profits and the delivery up and destruction of the offending item. If you have been accused of infringing someone’s intellectual property rights then we can also help by raising various defences and minimising your liability.
If you feel you have an intellectual property case and need some legal advice then please speak to our intellectual property solicitor Shalish Mehta, in our civil and commercial litigation department. Please call us on 0161 785 3534 or email firstname.lastname@example.org.
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