743. Threats not actionable where contained in permitted communications.

743.     Threats not actionable where contained in permitted communications.

Until IP completion day1 a threat of infringement proceedings is not actionable under the Community Design Regulations2 if it is contained in a permitted communication3. A communication containing a threat of infringement proceedings is a 'permitted communication' if:

  1.  

    (1)     the communication, so far as it contains information that relates to the threat, is made for a permitted purpose4; and

  2.  

    (2)     all of the information that relates to the threat is information that is necessary for that purpose5 and the person making the communication reasonably believes is true6.

Each of