Proceedings in respect of an actionable threat1 may be brought against the person who made the threat2 for:
(1) a declaration that the threat is unjustified3;
(2) an injunction against the continuance of the threat4; or
(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:
(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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