Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 128

Application for relief from unjustified threats

             (1)  Where a person, by means of circulars, advertisements or otherwise, threatens a person with infringement proceedings, or other similar proceedings, a person aggrieved may apply to a prescribed court, or to another court having jurisdiction to hear and determine the application, for:

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

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

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

             (2)  Subsection (1) applies whether or not the person who made the threats is entitled to, or interested in, the patent or a patent application.



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