77. Remedy for groundless threats of infringement proceedings

Amended

Last amended by an amending law of 2021.

(1)

Where a person (whether or not the proprietor of, or entitled to any right in, a patent) by circulars, advertisements or otherwise threatens another person with proceedings for any infringement of a patent, a person aggrieved by the threats (whether or not he or she is the person to whom the threats are made) may, subject to subsection (4), bring proceedings in the court against the person making the threats, claiming any relief mentioned in subsection (3).

(2)

In any such proceedings, the claimant, if the claimant proves that the threats were so made and satisfies the court that the claimant is a person aggrieved by them, is entitled to the relief claimed unless —

(a)

the defendant proves that the acts in respect of which proceedings were threatened constitute or, if done, would constitute an infringement of a patent; and

(b)

the patent alleged to be infringed is not shown by the claimant to be invalid in a relevant respect.

(3)

The said relief is —

(a)

a declaration to the effect that the threats are unjustifiable;

(b)

an injunction against the continuance of the threats; and

(c)

damages in respect of any loss which the claimant has sustained by the threats.

(4)

Proceedings may not be brought under this section for a threat to bring proceedings for an infringement alleged to consist of making or importing a product for disposal or of using a process.

(5)

A mere notification of the existence of a patent does not constitute a threat of proceedings within the meaning of this section.

(6)

Nothing in this section renders an advocate and solicitor or any other person liable to an action under this section in respect of an act done by the advocate and solicitor or the other person in the advocate and solicitor’s or the other person’s professional capacity on behalf of a client.