Section 39

In infringement proceedings, the Court must not award damages, nor make an order for an account of profits, against a defendant who proves that at the date of the infringement the defendant was not aware, and had no reasonable grounds for believing, that the design in question was registered.

For the purposes of subsection (1), a person is not to be taken to have been aware, or to have had reasonable grounds for believing, that the design was registered by reason only of the application to an article, a non‑physical product, or a device for projecting a non‑physical product, or to any printed matter accompanying an article, a non‑physical product, or a device for projecting a non‑physical product, of the word “registered”, or any word or words or abbreviation expressing or implying that the design has been registered, unless the registration number of the design accompanied the word or words or abbreviation.