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Groundless Threats of Infringement Proceedings

Written by Ben Evans on 11 October 2007

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253 Remedy for groundless threats of infringement proceedings

1. Where a person threatens another person with proceedings for infringement of design right, a person aggrieved by the threats may bring an action against him claiming:

(a) a declaration to the effect that the threats are unjustifiable;

(b) an injunction against the continuance of the threats;

(c) damages in respect of any loss which he has sustained by the threats.

2. If the plaintiff proves that the threats were made and that he is a person aggrieved by them, he is entitled to the relief claimed unless the defendant shows that the acts in respect of which proceedings were threatened did constitute, or if done would have constituted, an infringement of the design right concerned.

3. Proceedings may not be brought under this section in respect of a threat to bring proceedings for an infringement alleged to consist of making or importing anything.

4. Mere notification that a design is protected by design right does not constitute a threat of proceedings for the purposes of this section.

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