Unjustified Threats and the Repression of Unfair Competition

Unjustified Threats and the Repression of Unfair Competition
Anselm Kamperman Sanders, University of Maastricht

978-94-035-0330-1
Kluwer Law International BV, The Netherlands

Enforcement of intellectual property rights by way of warning letters sent to alleged infringers and their customers may be a cheap but problematic way of asserting rights. After all, such allegations may be unfounded where the IP right that is invoked turns out to be invalid, or not infringed. This chapter looks at threats, in which context they become barriers to legitimate trade, and how legislation should set appropriate standards of liability.