It also provides for exclusive protection to those who become victims of such threats.
Where one party makes a threat to sue another for infringement, but does not have a genuine basis or intention to carry out that threat, or does not carry out the threat at all within a certain period, the threat may itself become a basis for legal action.
a person aggrieved by such threats may bring an action against him in the Courts of Law.
[Power of court to grant relief in cases of groundless threats of infringement proceedings]
Where any person threatens any other person by circulars or advertisements or by communications, oral or writing addressed to any other person with proceedings for infringement of a patent, any person aggrieved thereby may bring a suit against him praying for the following reliefs:
Where any person claiming to be the owner of copyright in any work, by circulars, advertisements or otherwise, threatens any other person with any legal proceedings or liability in respect of an alleged infringement of the copyright, then the aggrieved person may
institute a declaratory suit that the alleged infringement to which the threats related was not in fact an infringement of any legal rights of the person making such threats
Where a person, by means of circulars, advertisements or otherwise, threatens a person with an action or proceeding for infringement of a trade mark which is registered or alleged to have been pending registration, then
An injunction against the continuance of the threats can be sought
The aggrieved person must satisfy the court that the trade mark is registered and that the acts in respect of which the proceedings were threatened, constitute, or, if done, would constitute, an infringement of the trade mark.
This section shall not be applicable if the registered proprietor of the trade mark, or a registered user with due diligence commences and prosecutes an action against the person threatened for infringement of the trade mark.
Nothing in this section shall render a legal practitioner or a registered trade marks agent liable to an action under this section in respect of an act done by him in his professional capacity on behalf of a client.