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This Practice Note summarises the application and purpose of the law of unjustified threats in the UK. Anyone writing or sending a letter or other communication alleging, or even implying, infringement of an IP right in the UK should be aware of the risk of a claim (or counterclaim) being brought against them for threats.

Since 1 October 2017, the UK’s threats regime has been governed by the legislative changes introduced by the Intellectual Property (Unjustified Threats) Act 2017 (IP(UT)A 2017). In the discussion of the regime below, references to EU-derived legislation are references to that legislation in the form in which it forms part of assimilated law.

Retained EU law (REUL) is a legal concept describing EU-derived rights and legislation preserved by UK law after the end of the Brexit transition or implementation period at 11 pm on 31 December 2020 (IP completion day).

Assimilated law is the name given to REUL which remains in force after the end of 2023. The re-categorisation of REUL (and associated terms)