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Copyright, Designs and Patents Act 1988

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[F1253BPermitted communicationsE+W+S+N.I.

(1)For the purposes of section 253A(5), a communication containing a threat of infringement proceedings is a “permitted communication” if—

(a)the communication, so far as it contains information that relates to the threat, is made for a permitted purpose;

(b)all of the information that relates to the threat is information that—

(i)is necessary for that purpose (see subsection (5)(a) to (c) for some examples of necessary information), and

(ii)the person making the communication reasonably believes is true.

(2)Each of the following is a “permitted purpose”—

(a)giving notice that design right subsists in a design;

(b)discovering whether, or by whom, design right in a design has been infringed by an act mentioned in section 253A(2)(a) or (b);

(c)giving notice that a person has a right in or under the design right in a design, where another person's awareness of the right is relevant to any proceedings that may be brought in respect of the design right in the design.

(3)The court may, having regard to the nature of the purposes listed in subsection (2)(a) to (c), treat any other purpose as a “permitted purpose” if it considers that it is in the interests of justice to do so.

(4)But the following may not be treated as a “permitted purpose”—

(a)requesting a person to cease doing, for commercial purposes, anything in relation to an article made to a design,

(b)requesting a person to deliver up or destroy an article made to a design, or

(c)requesting a person to give an undertaking relating to an article made to a design.

(5)If any of the following information is included in a communication made for a permitted purpose, it is information that is “necessary for that purpose” (see subsection (1)(b)(i))—

(a)a statement that design right subsists in a design;

(b)details of the design, or of a right in or under the design right in the design, which—

(i)are accurate in all material respects, and

(ii)are not misleading in any material respect; and

(c)information enabling the identification of articles that are alleged to be infringing articles in relation to the design.]

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Amendments (Textual)

F1S. 253 253 and crossheading substituted for (1.10.2017) by Intellectual Property (Unjustified Threats) Act 2017 (c. 14), ss. 5(2), 8 (with art. 7(4)); S.I. 2017/771, reg. 2(1)(b) (with reg. 3)

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