Cap. 417 Art. 116Remedy for groundless threats of infringement proceedings.

(1) Where a person threatens another with proceedings for infringement of a registered design other than those provided for in this Act, any person aggrieved may bring proceedings for relief under this article by sworn application before the Civil Court,

First Hall.

(2) The relief which may be applied for is all or any of the following -

(a) a declaration that the threats are unjustified,

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

(c) damages in respect of any loss the plaintiff may have sustained by the threats, and the plaintiff shall be entitled to such relief unless the defendant shows that the acts in respect of which proceedings were threatened constitute, or if done would constitute, an infringement of the registered design concerned.

(3) Where the defendant shows that the acts in respect of which proceedings were threatened constitute or would constitute an infringement of the registered design, the plaintiff shall nevertheless be entitled to relief if he shows that the registration of the design is invalid or liable to be revoked.

(4) The mere notification that a design is registered, or that an application for registration has been made, does not constitute a threat of proceedings for the purposes of this article.