Patents Ordinance, 2000 — section 66

66. Remedy for groundless threats of infringement proceedings..—(1) Where any person, whether entitled to or interested in a patent or an application for a patent or not, threatens any other person by circulars, advertisements or otherwise with proceedings for infringement of a patent, any person aggrieved thereby may bring suit against him for any such relief as is 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 a patent or of rights arising from the publication of a complete specification in respect of a claim of the specification 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 notice of the existence of a patent does not constitute a threat of proceedings within the meaning of sub-section (1).