128Application for relief from unjustified threats

#### 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. (1A) The court may include an additional amount in an assessment of damages sustained by the applicant as a result of the unjustifiable 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 person who made the threats, being conduct that occurred after the person made the threats; and (d) any benefit shown to have accrued to the person who made the threats because of the threats; and (e) all other relevant matters. (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.