The Law Commission is the statutory independent body created by the Law Commissions Act 1965 to keep the law under review and to recommend reform where it is needed. The aim of the Commission is to ensure that the law is:
The Government has accepted, and intends to implement, recommendations for reform to the “threats provisions” in intellectual property law we made in 2014. When implemented, the reforms will simplify and clarify the existing law, and bring into line the law for patents, trade marks and design rights.
Stephen Lewis, the Law Commissioner for Commercial and Common Law, said: “Patents, trade marks and design rights are vital to the UK economy and should be protected, but the right to do this must not be used to stifle competition and innovation.
“We are delighted that the Government intends to bring forward legislation to implement our reforms. These reforms will allow rights holders to tackle infringement but prevent threats to sue being used as a means of unfair competition. They will protect professional advisers from facing liability for making threats. They will provide guidance on what rights holders and their competitors may say to each other. And they will create a “safe harbour” within which rights holders, competitors and their advisers can communicate.”
The Government has published a full response.
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