542 No. 22 of 2016]
Industrial Design
(5) Despite subsection (1), court proceedings shall not be
commenced in respect of an infringement committed before the
date of registration of a design by the Registrar.
Remedies for
infringement
63. On an application for infringement, by a proprietor an
exclusive licensee, the court may grant any of the following reliefs:
(a) an injunction to prevent an infringement of the proprietor’s
or exclusive licensee’s right, where infringement is
imminent, or to prohibit the continuation of an
infringement;
(b) an order that the infringing product or article embodying a
registered design be delivered up;
(c) damages;
(d) account of profits;
(e) royalty;
(f)destruction or disposal of infringing products or articles
embodying a registered design, as the court considers
appropriate, in accordance with laws relating to public
health and the environment; or
(g) any other remedy the court may consider appropriate.
Order for
delivery up
64. (1) Where a person has in the person’s possession,
custody or control, for commercial exploitation, a product or article
embodying a registered design, a creator or licensee may apply to
court for an order, referred to in paragraph (b) of section sixtythree, that the alleged infringing product or article be delivered to
the proprietor or licensee or to another person that the court
specifies.
(2) A proprietor shall, by post or otherwise, notify an assignee
or exclusive licensee who has a concurrent right of action in respect
of an infringement of a registered design, before applying for an
order for delivery up in accordance with subsection (1).
(3) The court may, on the application of an assignee or exclusive
licensee, make an order for delivery up which the court considers
just, having regard to the terms of the assignment or licence.
(4) The court shall not make an order for delivery up unless it
also makes, or it appears to the court that there are grounds for
making, an order as provided in section sixty-five.
(5) A person to whom an alleged infringing product or article
embodying a registered design is delivered up shall retain the product
or article pending the making of an order, or a decision not to make
an order, in accordance with section sixty-five.