Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.