Flashcards in Threats S70 Deck (13)
S70 deals with what?
Threats of infringment proceedings
Which section deals with threats of infringment proceedings?
What conditions must be fulfilled for a threat of infringement proceedings to be deemed to have been recieved?
A threat has been issued if
A reasonable person on reciept of a communication percieves:
A patent exists
A person intends to bring proceedings for infringment of a patent by an act in the UK or intent to infringe in the UK
What section deals with Actionable threats?
What does Section 70A deal wtih
If a threat is deemed to have been issued under S70 what conditions does it need to fulfil to become an actionable threat?
A threat is actionable by anyone aggrieved by the threat
the alleged infringement or intent is a product, and the act is manufacturing or importing said product
Where the alleged infringment or intent is a method, using the method
If exempt under the above all threats made to the same person are exempt eg disposal, use and keeping
if the threat is not an express threat and is contained in a permitted communication
What section details a permitted comunication
What is a permitted communication?
A permitted communication is if all the communication is nescessary for a permitted purpose and the person believes it to be true
Giving notice a patent exists
Discovering if or by whom a patent is being infringed
Giving notice that a person has a right in a patent and by another person's awareness the right is relevant to any proceedings that may be brought in respect of the patent. (this last one is dangerous and rarely used)
Any other purpose that the court deems fit
What is not a permitted purpose
Requesting someone ceases commercial activity in relation to a product or process
Requesting a person delivers up or destroys a product
requesting a person gives an undertaking relating to a product or process
What is deemed nescesary information for a permitted purpose?
Notice a patent is in force, or an application has been filed
details of a patent or published application, or a right in it that are accurate and don't mislead
identification of a product that is being manufactured or imported or a process that is being carried out and therefore excluded under S70A
What are the defences for actionable threats?
That the actions for which the proceedings were threatened constitute and infringement
To show that despite taking reasonable steps the person making the threat has not been able to identify anyone importing or manufacturing a product or carrying out a process
Teh person notified the recipient before or at the time of making the threat of the steps taken.
How does a professional adviser indemnify themselves against actionable threats provisions
A professional adviser is not liable for a threat if the adviser is acting on the instructions of another person and the professional adviser identifies the person for whom he is acting