723. Actionable threats of infringement proceedings.

(ii)     Proceedings for Threats

723.     Actionable threats of infringement proceedings.

A threat of infringement proceedings made by any person is actionable by any person aggrieved by the threat1. A communication contains a threat of infringement proceedings if a reasonable person in the position of a recipient2 would understand from the communication that:

  1.  

    (1)     a registered design exists3; and

  2.  

    (2)     a person intends to bring proceedings (whether in a court4 in the United Kingdom or elsewhere) against another person for infringement of the right in the registered design5 by