Industrial Design
[No. 22 of 2016
545
(2) A person who is added as a defendant, in accordance with
subsection (1), shall not be liable for costs in the proceedings unless
such person takes part in the proceedings.
(3) An exclusive licensee may, if the proprietor refuses or fails
to commence court proceedings within three months after giving
notice to the creator to commence court proceedings, commence
such proceedings in the licensee’s own name, and the proprietor
may join in the proceedings at any time after commencement.
69. (1) In proceedings to enforce a proprietor’s or successor
in title’s right in accordance with this Part, evidence may be
submitted by affidavit asserting relevant facts showing that—
Affidavit
evidence
(a) a proprietor or successor in title is the owner of a registered
design; and
(b) the design is a registered design.
(2) Where the court considers, on the application of a party,
that the deponent to an affidavit should be available to be crossexamined with respect to matters asserted in the affidavit, the court
shall order that such a deponent appear to be cross-examined.
(3) If a deponent does not appear to be cross-examined in court
as required in subsection (2), the court shall exclude the admission
of the affidavit.
70. (1) Where a person, by means of circulars,
advertisements or otherwise, threatens another person with
proceedings in respect of an infringement as specified in this Part,
whether or not the person making the threat is a proprietor, the
court may, on the application of the aggrieved person, do any of the
following:
(a) declare that the threat is unjustified;
(b) grant an injunction against the continuance of the threat;
or
(c) award compensation for any damage sustained.
(2) The court shall not make any order, as specified in subsection
(1), if the defendant satisfies the court that the acts in respect of
which the proceeding was threatened constituted, or would
constitute, an infringement of a proprietor’s right as specified in
this Part.
Groundless
threat of
infringement
proceedings