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Be Careful What You Wish For Part 1

Written by Michael Coyle on 15 January 2008

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Intellectual Property and threats

It is not unusual to want to threaten infringment proceedings against someone whom you believe has threatend your IPR. Threats provisions have been included in intellectual property (IP) legislation to address the concern that when threats to sue for infringement of IP rights are made against traders, their fear of being involved in litigation may result in them capitulating resulting in their business being damaged. Even if you have a strong case you have to be careful

The main wings if IPR namely patents, trade marks and Designs both registered and unregistered can be found in the following legislation:

Section 70 of the Patents Act 1977 (Patents Act), as amended by the Patents Act 2004.

Section 21 of the Trade Marks Act 1994 (TMA).

Section 26 of the Registered Designs Act 1949 (RDA).

Section 253 of the Copyright, Designs and Patents Act 1988 (CDPA).

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