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Personally, I prefer having/needing consistent spirit damage to make this item work to its fullest, but I think the characters that could abuse this item WOULD abuse this item. Making it tied to ability damage prevents Merc Magnum/Decay shenanigans, and lowering the upper limit prevents it from being too heinous, especially since once the effect ends they still have to contend with the suppressor effect on the back end.Good idea and I agree with @adeptusforgeceo here, the max duration on that is slightly ridiculouse to say the least. I'd personally lower it to around 8s in max duration.
To counter Mercurial Mag you can just make it so the damage threshold needs to be met within a single spirit damage instance which would also make abilities like Afterburn or Aura not too viable with this item and would more so only benefit spirit burst heroes.