Patent Sections

Section 106: Power of Court to Grant Relief in cases of Groundless Threats of Infringement Proceedings

If any patentee or person with rights on a patent threatens other person(s) (plaintiff) related to the proceedings for infringement of any patent by circulars or advertisements or oral or written communications and if any such persons is affected / aggrieved due to such activities of threats may file a case against the patentee or the person with rights on the patent requesting the following reliefs,

to pass a declaration effecting that the threats are unjustifiable;

to pass a warning by order against the continuation of threats; and

for any other damages as he has sustained

Unless the patentee proves that the acts were done on the basis of infringement of his rights on the patent by the person or the persons related to him and makes the case invalid; the Court may order for any or all reliefs so requested by the person (plaintiff).

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