license.
36. (1) The Court shall on the application of any person having a legal
interest or any competent authority and after giving the registered owner
an opportunity to make submissions declare a registration void if it was
not made in accordance with section 6 (2) or if it did not comply with the
conditions in sections 6 (1) and 7, the Court with regard to section 7 (2),
shall not take into consideration any reasons not existing at the time of
issuing the decision of nullity.
(2) In the case of an application, which includes many industrial designs
and where the reasons for avoidance of registration relate to some of
them only, the registration shall be declared void in relation only to them.
37. (1) Whenever a registration is finally declared wholly or partially void,
the registration shall be deemed, within the limits of the declaration void
with effect from the date of such registration.
(2) Provided that if there were licenses granted the Court may decide that
avoidance of registration does not necessitate the refund of money paid
by a licensee.
(3) Whenever a declaration of avoidance is final, the registrar of the Court
shall notify the Industrial Designs Office and that office shall record it in
the register and publish it as soon as possible.
Part Eleven: Infringement of Rights Conferred by Registration of
Industrial Designs
38.(1) The registered owner of an industrial design whose rights conferred
on him by section 26 are threatened with infringement or are infringed
may take legal proceedings necessary to prevent such infringement or
stop its continuation.
(2) In the case of infringement of the aforesaid rights, the registered
owner of the industrial design may apply for damages or any other civil
remedy.
39. (1) Any intentional infringement of the rights of a registered owner of
an industrial design under section 25 shall be deemed an offence.
(2) Such an offence shall be punishable with imprisonment for a term not
exceeding six months or with a fine of Ls. 1,000 or with both; provided
that the maximum penalty shall be doubled if the offender has been
convicted of a similar offence within 5 years preceding this offence.
40. (1) Any license may require the registered owner of an industrial