544
No. 22 of 2016]
Restrictions
on recovery
of damages
for innocent
infringement
Industrial Design
66. (1) In proceedings for infringement of a registered design,
damages shall not be awarded, and an order shall not be made for
an account of profits, against a defendant who satisfies the court
that at the time of the infringement, the defendant was not aware,
and had no reasonable grounds for supposing that the registered
design existed.
(2) A person shall not be taken to be aware, or to have
reasonable grounds for supposing that a design is registered by
reason only of the application to a product of the word “Registered”,
or any word or words expressing or implying that a design has
been registered, unless the registration number of a design
accompanied the word or words in question.
Declaration
of noninfringement
67. (1) A person interested in a registered design may apply
to court for a declaration, by the court, of the performance of a
specific act, by the applicant, as not constituting an infringement
of the proprietor’s right in the registered design.
(2) A proprietor, an assignee or licensee shall have the right to
be joined as defendants in the proceedings referred to in subsection
(1).
(3) The court shall not make the declaration, referred to in
subsection (1), if—
(a) the act to which the application relates is already a subject
of infringement proceedings; or
(b) the person making the application fails to satisfy the court
that the person had previously written to the proprietor
or a successor in title, requesting for a written
acknowledgment of whether such act is infringing or
noninfringing, and the creator or successor in title has
failed or neglected to respond to such request within a
reasonable period.
(4) The court shall award costs for the proceedings, referred
to in subsection (1), in a manner the court considers appropriate in
the circumstances.
Infringement
proceedings
where
concurrent
rights exist
68. (1) Where a proprietor, an assignee or licensee brings
proceedings for any infringement of a registered design in respect
of which a proprietor, assignee or licensee has concurrent rights of
action, a proprietor, assignee or exclusive licensee need not—
(a) join the other as a plaintiff; or
(b) add the other as a defendant;
unless the court otherwise orders.