Section 35
Remedies for infringement
of Industrial Designs Act 1996
ActIn forceProvision 36 of 51
Section 35
(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.