The government has set out plans to adopt proposals that will mean lawyers will no longer be at risk from being sued personally for making threats when pursuing breaches of intellectual property rights.
The Intellectual Property (Unjustified Threats) Bill, announced in the Queen’s speech, adopts recommendations from the Law Commission to reform the law on unjustified threats of infringement proceedings for patents, design rights and trademarks following a lengthy campaign by the Law Society’s intellectual property law committee.
The current law provides a statutory right of redress against ‘unjustified threats’, even by professional advisers, which the Law Commission warned could deprive clients of expert assistance at a time they need it most.
The bill also aims to make it easier for businesses to settle IP disputes and to avoid litigation.
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