583. Remedies and defences.

Proceedings in respect of an actionable threat1 may be brought against the person who made the threat2 for:

  1.  

    (1)     a declaration that the threat is unjustified3;

  2.  

    (2)     an injunction against the continuance of the threat4; or

  3.  

    (3)     damages in respect of any loss sustained by the aggrieved person by reason of the threat5.

It is a defence for the person who made the threat to show:

  1.  

    (a)     that the act in respect of which proceedings were threatened constitutes (or if done would constitute) an infringement of the patent

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