Section 70a

Actionable threats

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70b.-(1)Subject to subsections (2) to (5), a threat of infringement proceedings made by any person is actionable by any person aggrieved by the threat.

(2)A threat of infringement proceedings is not actionable if the infringement is alleged to consist of—

  • (a)where the invention is a product, making a product for disposal or importing a product for disposal, or
  • (b)where the invention is a process, using a process.

(3)A threat of infringement proceedings is not actionable if the infringement is alleged to consist of an act which, if done, would constitute an infringement of a kind mentioned in subsection (2)(a) or (b).

(4)A threat of infringement proceedings is not actionable if the threat—

  • (a)is made to a person who has done, or intends to do, an act mentioned in subsection (2)(a) or (b) in relation to a product or process, and
  • (b)is a threat of proceedings for an infringement alleged to consist of doing anything else in relation to that product or process.

(5)A threat of infringement proceedings which is not an express threat is not actionable if it is contained in a permitted communication.

(6)In sections 70C and 70D “an actionable threat” means a threat of infringement proceedings that is actionable in accordance with this section

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