Singapore legislation

Section 200

Groundless threats of legal proceedings

(1)

Where a person, by means of circulars, advertisements or otherwise, threatens a person with an action or proceeding in respect of an infringement of copyright, then, whether the person making the threats is or is not the owner of the copyright or an exclusive licensee, a person aggrieved may bring an action against the first-mentioned person and may —

(a)

obtain a declaration to the effect that the threats are unjustifiable;

(b)

obtain an injunction against the continuance of the threats; and

(c)

recover such damages, if any, as he has sustained,unless the first-mentioned person satisfies the court that the acts in respect of which the action or proceeding was threatened constituted, or, if done, would constitute, an infringement of copyright.

(2)

The mere notification of the existence of a copyright does not constitute a threat of an action or proceeding within the meaning of this section.

(3)

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.

(4)

The defendant in an action under this section may apply, by way of counterclaim, for relief to which he would be entitled in a separate action in respect of an infringement by the plaintiff of the copyright to which the threats relate and, in any such case, the provisions of this Act with respect to an action for infringement of a copyright are, with the necessary modifications, applicable in relation to the action.[Aust. 1968, s. 202]