Primary infringer meaning

A primary infringer is the person who carries out the core, originating act of IP infringement (for example, manufacturing or importing infringing goods, or using an infringing process), as opposed to downstream actors such as distributors or retailers. The label is descriptive; the underlying “primary acts” are specified in UK legislation for the unjustified (groundless) threats regime across patents, trade marks and designs. In England & Wales, Scotland and Northern Ireland, following the Intellectual Property (Unjustified Threats) Act 2017, a rights‑holder may threaten proceedings against an alleged primary infringer without incurring liability for unjustified threats, provided the threat is confined to primary acts and any pre‑action contact falls within the “permitted communications” safe harbours. Threats to secondary infringers remain restricted. In Ireland, while the statutes on groundless threats differ and do not use the same “primary/secondary” terminology, the practical distinction is recognised: communications directed to manufacturers or importers generally carry less threats risk than those to retailers or end‑sellers. Practitioners should check the specific Irish patent, trade mark and design provisions. In practice, identifying the primary infringer guides safe pre‑action strategy, target selection for injunctions and damages, and minimises exposure under the unjustified/groundless threats rules.