On 10 April we held the second webinar in the LimeGreen Live series which focused on UK unjustified threats. We presented the perils and challenges of pre-action communications and how it may affect your later litigation options are often under-estimated.
The UK unjustified threats regime, which can fix both the writer of a cease and desist letter and their employer or client with liability, has caught many an unwary lawyer. We discussed how you can avoid pitfalls associated with the regime, and position yourself best to take advantage of your IP rights before any litigation can start.
Background – differing approaches across the Atlantic
Even where it is possible to avoid liability by, for example, showing how your IP right is infringed, this can have adverse consequences on your later strategic options in litigation. In the US, avoiding unwanted litigation in the form of declaratory judgment actions may likewise influence your approach to cease and desist communications.
Recent changes to the law in the UK have made it easier and safer to send clearer pre-action communications in the UK or which may relate to the UK, which may include online use that targets the UK. In the US, creative approaches to more traditional cease and desist activity may help you preserve the best possible position and strategic outlook while minimizing the risk of declaratory judgment action.
If you missed the webinar, you can now catch the recording here
LimeGreen Live – Our LimeGreen Live series of webinars provide further insight into some of the topics covered in our Global Intellectual Property Outlook 2018. Please register your interest in further LimeGreen Live webinars here.