0370 270 6000

Law Commission to review IP threats provisions

21 May 2012

Protecting intellectual property rights requires a balance between those who seek to safeguard their IP rights and those who receive groundless threats. These claims take different forms, those with no basis for the allegation and those where there is no legitimate intention to litigate. These types of actions are becoming more prevalent.

There have been many complaints over the consistency and complexities of the system in the UK which deal with these allegations and threats. In order to consider these issues the Law Commission is proposing a three month consultation review of the legislation which covers groundless threats in the UK. It runs from February 2013 with a final report to be presented by March 2014.

It will look at whether the legislation needs repealing, reforming or extending; this will cover patents, trade marks and design rights. It will not, however, cover copyright.

Those with views are encouraged to take part in the consultation and help the Commission carry out this long awaited review.

Related opinions

Covid-19 rent arrears – the questions that remain

The Government appears set to announce plans on ‘living with Covid to restore freedom’. With the success of the retail and hospitality sector key to recovery, what protections will be on offer to tenants to deal with Covid-19 rent arrears?

View blog

Handing back an empty shell of a building did not prevent a tenant from exercising a break clause

Break rights have proved a fertile source of litigation over the last few years. More often than not, tenants have found themselves on the wrong end of the decisions. However, a Court of Appeal decision yesterday has bucked that trend.

View blog

Relief for landlords as the Court of Appeal confirms that leases have been validly contracted out

One of the requirements for tenants to contract out of the security of tenure regime contained in the Landlord and Tenant Act 1954 is that they make a simple or statutory declaration before entering into the lease.

View blog

Summary judgment stayed where part 26A restructuring plan pending

Landlords should reconsider summary judgment if a Part 26A restructuring plan is pending.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up