35. Remedies for infringement

(1)

If the owner of a registered industrial design proves that an infringement has been committed or is being committed, the Court may award damages or an account of profits and may grant an injunction to prevent further infringement and any other legal remedies.

(2)

If the owner of a registered industrial design proves that acts

Industrial Designs 27

are being performed which make it likely that an infringement will occur, that Court may grant an injunction to prevent infringement and any other legal remedies.

(3)

The Court may refuse to award damages, or to make an order for an account of profits, in respect of an infringement, if the defendant satisfies the Court—

(a)

that, at the time of the infringement, he was not aware that the industrial design was registered; and

(b)

that he had, prior to that time, taken all reasonable steps to ascertain whether the industrial design had been registered.

Report

Part VII

Offences

Read on from Part VII

Part VIII

Other Powers of the Registrar

Read on from Part VIII

Part IX

Miscellaneous

Read on from Part IX