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In forceAmended2020 Revised Edition

Part 3 · Rights in Registered Designs

39. General restriction on recovery of damages or profits

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Amended

Last amended by an amending law of 2017.

(1)

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.

(2)

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.

Report

Part 4

Government Use of Registered Designs

Part 5

Administrative and Other Supplementary Provisions

Part 5A

The Geneva Act of the Hague Agreement, Etc.

Part 6

Offences

Part 6A

Assistance by Border Authorities*

Part 7

Miscellaneous and General Provisions

Schedules