July 11, 2017

The Intellectual Property (Unjustified Threats) Act received Royal Assent on 27 April 2017.

The IPO explains that the aim of the 2017 Act is “to make life easier for businesses and entrepreneurs” by:

• clarifying the type of communications which are permitted between parties involved in a dispute over IP infringement;
• preventing the misuse of threats to intimidate or gain an unfair advantage in circumstances where no infringement of an IP right has actually occurred; and
• providing a clear framework within which businesses and their professional advisors can operate to resolve disputes, including attempting to negotiate a settlement before turning to litigation.

The Act has been given Royal Assent and is therefore now an Act of law. However, a Commencement Order is required for the Act’s measures to be brought into force. New laws affecting business are typically commenced on a Common Commencement Date (CCD). The next CCD is 1 October 2017.

The IPO’s guidance provides information for businesses on the new law. The document sets out the changes that have been made to the legal framework, and the expected impacts on IP rights holders, and third parties, as well as businesses, including legal services. To access the guidance, click here.