Industrial and Commercial Property (Protection) Act, 1927

Remedy in case of groundless threats of legal proceedings.

131.—(1) Where any person claiming to have an interest in a patent, registered design, or registered trade mark, by circulars, advertisements, or otherwise, threatens any other person with any legal proceedings or liability in respect of any alleged infringement of the patent, or of the copyright in the design or of the trade mark, any person aggrieved thereby may bring an action against him, and may obtain an injunction against the continuance of such threats, and may recover such damage (if any) as he has sustained thereby, if the alleged infringement to which the threats related was not in fact an infringement of the patent, copyright, or trade mark.

(2) This section shall not apply if an action for the infringement of the patent, copyright in the design, or trade mark (as the case may be) is commenced and prosecuted with due diligence.