Groundless Threats of IP Proceedings: A Potential Solution?
This article first appeared in the June 2014 issue of PLC Magazine.
The threat of legal action to try to stop a third party infringing intellectual property rights (IPRs) can be a powerful weapon. Complying with a threatener’s demands is often a more attractive option than incurring the cost and inconvenience of litigation. However, where a threat is groundless and there are no valid rights behind it, this can stiﬂe legitimate business. The current law aims to deter people from making groundless threats, but it is signiﬁcantly ﬂawed.