C. What to do when faced with groundless threats of proceedings?

If a threat to sue for infringement is made where there has been no infringement, or if the right allegedly infringed is invalid, it would be groundless or unjustified.

If someone threatens you with proceedings for infringement of copyright in respect of infringing copies defined under section 35(3) of the Copyright Ordinance and which was lawfully made in the country, territory or area where it was made, you may apply to the Court for remedies including a declaration that the threat was unjustifiable, damages for any loss sustained by the threat and an injunction to stop the continuance of the threat (see section 187 of the Copyright Ordinance).