Unjustified Threats in IP Litigation - Don’t Get Caught Out

Introduction

The Unjustified Threats Act 2017 overhauled the law in relation to the previous regime of groundless threats to sue for intellectual property infringement.

Legal advisors who send and receive pre-action correspondence in relation to enforcing intellectual property need to be aware of what constitutes an unjustified threat.

In 2022, the Patents Court decision in Shenzhen Carku Technology Co. Ltd v The Noco Company clarified the application of the unjustified threats regime to infringement notifications submitted to online marketplaces.

This new virtual classroom seminar will explore the scope and application of the unjustified threats law and provide practical guidance to help lawyers avoid making threats which could open up their clients to civil liability for damages and more.

You will also learn various tips for distinguishing unjustified threats in correspondence they receive from permitted communications under the unjustified threats law.

The speaker will share policy insights from having worked on the development of the new unjustified threats regime with the Law Commission of England and Wales as well as practical insights from litigation.

The session is suitable for litigators, advisors and in-house counsel dealing with intellectual property matters.

What You Will Learn

This live and interactive session will cover the following:

• How to avoid inadvertently making an unjustified threat
• How to identify unjustified threats you receive in correspondence
• Practical tips for litigation

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.