Section 70b

Permitted communications

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70B.-(1)For the purposes of section 70A(5), a communication containing a threat of infringement proceedings is a “permitted communication” if—

  • (a) the communication, so far as it contains information that relates to the threat, is made for a permitted purpose;
  • (b) all of the information that relates to the threat is information that—
    • (i)is necessary for that purpose (see subsection (5)(a) to (c) for some examples of necessary information), and
    • (ii)the person making the communication reasonably believes is true

(2)Each of the following is a “permitted purpose”—

  • (a) giving notice that a patent exists
  • (b) discovering whether, or by whom, a patent has been infringed by an act mentioned in section 70A(2)(a) or (b)
  • (c)giving notice that a person has a right in or under a patent, where another person's awareness of the right is relevant to any proceedings that may be brought in respect of the patent.

(3)The court may, having regard to the nature of the purposes listed in subsection (2)(a) to (c), treat any other purpose as a “permitted purpose” if it considers that it is in the interests of justice to do so.

(4)But the following may not be treated as a “permitted purpose”—

  • (a) requesting a person to cease doing, for commercial purposes, anything in relation to a product or process,
  • (b) requesting a person to deliver up or destroy a product, or
  • (c) requesting a person to give an undertaking relating to a product or process.

(5)If any of the following information is included in a communication made for a permitted purpose, it is information that is “necessary for that purpose” (see subsection (1)(b)(i))—

  • (a) a statement that a patent exists and is in force or that an application for a patent has been made;
  • (b) details of the patent, or of a right in or under the patent, which—
    • (i) are accurate in all material respects, and
    • (ii) are not misleading in any material respect; and
  • (c) information enabling the identification of the products or processes in respect of which it is alleged that acts infringing the patent have been carried out.

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