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DESIGNS ACT 2003 - SECT 77 Application for relief from unjustified threats

DESIGNS ACT 2003 - SECT 77

Application for relief from unjustified threats

  (1)   If a person is threatened by another person (the respondent ) with infringement proceedings, or other similar proceedings, in respect of a design, an aggrieved person (the applicant ) may apply to a prescribed court, or to another court that has jurisdiction to hear and determine the application, for:

  (a)   a declaration that the threats are unjustified; and

  (b)   an injunction against the continuation of the threats; and

  (c)   the recovery of damages sustained by the applicant as a result of the threats.

  (1A)   The court may include an additional amount in an assessment of damages sustained by the applicant as a result of the unjustified threats, if the court considers it appropriate to do so having regard to:

  (a)   the flagrancy of the threats; and

  (b)   the need to deter similar threats; and

  (c)   the conduct of the respondent that occurred after the respondent made the threats; and

  (d)   any benefit shown to have accrued to the respondent because of the threats; and

  (e)   all other relevant matters.

  (2)   A threat mentioned in subsection   (1) may be by means of circulars, advertisements or otherwise.

  (3)   If a certificate of examination has not been issued in respect of a design, a threat to bring infringement proceedings, or other similar proceedings, in respect of the design is an unjustified threat for the purposes of this section.