Singapore legislation
Clause 44
Clause 44
Remedy for groundless threats of infringement proceedings
(1)
Where a person (whether or not entitled to or interested in a registered design or an application for registration of a design) threatens any other person with proceedings for infringement of a registered design, any person aggrieved thereby may bring proceedings against the person making the threats for relief under this section.
(2)
The relief which may be applied for are —
a declaration that the threats are unjustifiable;
an injunction against the continuance of the threats; and
damages in respect of any loss he has sustained by the threats,and the plaintiff is entitled to such relief unless —
the defendant proves that the acts in respect of which the proceedings were threatened constitute, or if done would constitute, an infringement of the design; and
the plaintiff fails to show that the registration of the design concerned is invalid.
(3)
Proceedings may not be brought under this section as regards a threat to bring proceedings for an infringement alleged to consist of the making or importing of anything.
(4)
For the purposes of this section, a notification that a design is registered does not of itself constitute a threat of proceedings within the meaning of this section.
(5)
Nothing in this section shall render an advocate and solicitor liable to an action under this section in respect of an act done by him in his professional capacity on behalf of a client.