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UK Threats: Worldwide Consequences?

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James Fox

Senior Associate

London

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Laura Kathryn Thompson

Senior PSL

London

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01 January 2018

The law on unjustified threats of Intellectual Property infringement has been overhauled in the UK by the Intellectual Property (Unjustified Threats) Act 2017 (the “Act”) which came into force on 1 October 2017.

This article addresses some of the key changes introduced by the Act, which should mostly be welcomed, but with a particular focus on two areas into which it has introduced some uncertainty. The first is the issue of territoriality, and the question of how great a nexus with the UK is required before the unjustified threats provisions bite upon any communications, wherever in the world these are happening. The second is how the new regime will work procedurally alongside the entity that it was expressly intended to accommodate: the Unified Patent Court.

This material was first published by Thomson Reuters in the European Intellectual Property Review, as “UK Threats: Worldwide Consequences”, (2018) 40 E.I.P.R., Issue 2, by James Fox, Laura Thompson, Beverley Potts and Marc Doring and is reproduced by agreement with the Publisher. 

To view the full article click here.
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