The threats provisions may have the effect of making litigation more rather than less likely. The exclusion in the subsection is limited in its scope. It does not give rise to a general entitlement to threaten manufacturers or importers or users. In particular, if a trader both manufactures and sells products and a patentee threatens him with infringement proceedings in respect of both activities, section 70(3) provides a statutory defence in relation to the threats directed at the acts of manufacture, but not in relation to threats directed at acts of selling.
Citations:
[1996] RPC 361
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Cintec International Ltd v John Humphries Parkes (T/A Dell Explosives) and Another ChD 2-Oct-2003
The defendants wanted to defend their patent against a possible infringement. There were negotiations, following which the defendants wrote claiming damages or licence fees. The claimant asserted that the letter constituted a threat. The defendant . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 27 October 2022; Ref: scu.230101
