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Groundless threats.
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56.—(1) Where a person (whether or not the registered proprietor of, or entitled to any design right in, or any other interest in a design) by circulars, advertisements or otherwise threatens another person with proceedings for infringement of design right, a person aggrieved by the threats (whether or not he or she is the person to whom the threats are made) may bring proceedings in the appropriate court against the person making the threats for any such relief as is mentioned in subsection (3).
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(2) In any proceedings under subsection (1), the plaintiff shall, where he or she proves that the threats were so made and satisfies the court that he or she is a person aggrieved by them, be entitled to the relief claimed unless—
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(a) the defendant proves that the acts in respect of which the proceedings were threatened constitute or, if undertaken, would constitute an infringement of the design right, and
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(b) the plaintiff fails to show that the registration of the design concerned is invalid.
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(3) The relief referred to in subsections (1) and (2) shall be—
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(a) a declaration to the effect that the threats complained of are unjustifiable,
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(b) an injunction against the continuance of the threats, and
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(c) such damages, if any, as have been sustained by the plaintiff by reason of the threats.
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(4) For the purposes of this section, a notification of the existence of a registered design does not of itself constitute a threat of proceedings within the meaning of this section.
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(5) In this section, “a person aggrieved” shall not include a person making or importing any object.
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