Section 70c

Remedies and defences1

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(1) Proceedings in respect of an actionable threat may be brought against the person who made the threat for—

  • (a) a declaration that the threat is unjustified;
  • (b) an injunction against the continuance of the threat;
  • (c) damages in respect of any loss sustained by the aggrieved person by reason of the threat.

(2) In the application of subsection (1) to Scotland—

  • (a) “declaration” means “declarator”, and
  • (b) “injunction” means “interdict”.

(3) It is a defence for the person who made the threat to show that the act in respect of which proceedings were threatened constitutes (or if done would constitute) an infringement of the patent.

(4) It is a defence for the person who made the threat to show—

  • (a) that, despite having taken reasonable steps, the person has not identified anyone who has done an act mentioned in section 70a(2)(a) or (b) in relation to the product or the use of a process which is the subject of the threat, and
  • (b) that the person notified the recipient, before or at the time of making the threat, of the steps taken.

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