77Application for relief from unjustified threats

#### 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.