This practice note summarises the statutory provisions, and key cases, which applied to threats made before 1 October 2017 to sue for infringement of intellectual property. The law set out in this note does not apply to threats made on or after 1 October 2017, to which a revised regime applies. For information on the law applying to threats made on or after 1 October 2017, see Practice note, Threats actions and intellectual property rights: law from 1 October 2017.

NOTE: This note only sets out the old law which applies to alleged threats made before 1 October 2017. For information on the new regime established by the Intellectual Property (Unjustified Threats) Act 2017, which applies to all alleged threats made on or after 1 October 2017, see Practice note, Threats actions and intellectual property rights: law from 1 October 2017.