Section 22: Remedy for groundless threats of infringement proceedings

22. Remedy for groundless threats of infringement proceedings.___ (1) Where any person whether entitled to or interested in a registered design or an application for registration of a design, by circulars, advertisements or otherwise threatens any other person with proceedings for infringement of the registration in a registered design, any person aggrieved thereby may institute a suit against him for any relief specified in sub-section (2). (2) Unless in any suit under sub-section (1), the defendant proves that the acts in respect of which proceedings were threatened constitute or, if done, would constitute, an infringement of the registration in a registered design the registration of which is not shown by the plaintiff to be invalid, the plaintiff shall be entitled to the following reliefs, namely:— (a) a declaration to the effect that the threats are. unjustifiable; (b) an injunction against the continuance of the threats; and (c) such damages, if any, as he has sustained thereby. (3) For the avoidance of doubt it is hereby declared that a mere notification that a design is registered does not constitute a threat of proceedings within the meaning of this section. CHAPTER VII POWERS AND DUTIES OF REGISTRAR

Effective date: 2000-01-01

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