Section 21A

Subject to subsections (2) to (6), a threat of infringement proceedings made by any person is actionable by any person aggrieved by the threat. A threat of infringement proceedings is not actionable if the infringement is alleged to consist of— applying, or causing another person to apply, a sign to goods or their packaging, importing, for disposal, goods to which, or to the packaging of which, a sign has been applied, or supplying services under a sign. A threat of infringement proceedings is not actionable if the infringement is alleged to consist of an act which, if done, would constitute an infringement of a kind mentioned in subsection (2)(a), (b) or (c). A threat of infringement proceedings is not actionable if the threat— is made to a person who has done, or intends to do, an act mentioned in subsection (2)(a) or (b) in relation to goods or their packaging, and is a threat of proceedings for an infringement alleged to consist of doing anything else in relation to those goods or their packaging. A threat of infringement proceedings is not actionable if the threat— is made to a person who has done, or intends to do, an act mentioned in subsection (2)(c) in relation to services, and is a threat of proceedings for an infringement alleged to consist of doing anything else in relation to those services. A threat of infringement proceedings which is not an express threat is not actionable if it is contained in a permitted communication. In sections 21C and 21D “an actionable threat” means a threat of infringement proceedings that is actionable in accordance with this section.

← 2 · All articles · 1 →

Source: legislation.gov.uk · retrieved 2026-09-04