|
|
Remedy for groundless threats of infringement proceedings.
|
53.—(1) Where any person (whether entitled to or interested in a patent or not) by circulars, advertisements or otherwise threatens any other person with proceedings for infringement of a patent, any person aggrieved thereby may bring proceedings in the Court against him for any such relief as is mentioned in subsection (2).
|
|
| |
(2) Unless in any action brought by virtue of this section the defendant proves that the acts in respect of which proceedings were threatened constitute or, if done, would constitute, an infringement of a patent, the plaintiff shall be entitled to the following relief, that is to say—
|
|
| |
(a) a declaration to the effect that the threats complained of were unjustifiable;
|
|
| |
(b) an injunction against the continuance of the threats; and
|
|
| |
(c) such damages, if any, as have been sustained by him by reason of the threats.
|
|
| |
(3) Proceedings may not be brought under this section as regards a threat to bring proceedings for an infringement alleged to consist of making or importing a product for disposal or of using a process.
|
|
| |
(4) For the purposes of this section a notification of the existence of a patent or a patent application does not of itself constitute a threat of proceedings.
|
