Groundless threats of proceedings for IP infringement: an introduction to and critique of the statutory provisions

摘要

The so-called 'groundless threats' provisions entitle any person aggrieved by an unjustifiable threat of proceedings for infringement of certain intellectual property ('IP') rights to bring a claim (or counterclaim) against the party who made the threat. Under these statutory provisions, the person aggrieved can apply for a declaration that the threats are unjustifiable, an injunction against the continuance of the threats and/or damages for losses caused by the threats.