106. Power of court to grant relief in cases of groundless threats of infringement proceedings
(1) Where a person threatens another with infringement proceedings by circulars, advertisements, or communications, any aggrieved person may sue for: (a) a declaration that the threats are unjustifiable; (b) an injunction against continuance of the threats; and (c) damages sustained.
(2) The court may grant such relief unless the defendant proves the threatened acts would constitute infringement of a patent, or of rights from publication of a complete specification, not shown by the plaintiff to be invalid.
Explanation: A mere notification of the existence of a patent is not a threat within the meaning of this section.
