IP stories for the week ending 30 March 2014

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LETTERS BEFORE ACTION AND GROUNDLESS THREATS

One of the topics we discussed at our recent conference on international IP laws was the danger of sending a letter before action which has not been carefully worded.  Brundle v Perry is the latest in a series of UK cases where the recipient of such a letter has successfully sued the sender for making an unjustified threat of infringement, in this case patent infringement.  It can be enough for the letter merely to imply a threat of infringement, so we do recommend that we review any such letters before they are sent.

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