धारा 106 · Power of court to grant relief in cases of 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 or advertisements or by communications, oral or in writing addressed to that or any other person, with proceedings for infringement of a patent, any person aggrieved thereby may bring a suit against him praying for the following reliefs, that is to say--

---

(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.

---

(2) Unless in such suit the defendant proves that the acts in respect of which the 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 court may grant to the plaintiff all or any of the reliefs prayed for.

---

---

Explanation.--A mere notification of the ¹[existence] of a patent does not constitute a threat of proceeding within the meaning of this section.

---