Section 51

In proceedings for the infringement of an industrial design damages shall not be awarded, and no order shall be made for an account of profits, against a defendant who proves that at the date of the infringement he was not aware, and had no reasonable grounds for believing, that the industrial design was registered.

For the purpose of subsection (1), a person shall not be taken to have been so aware or to have had reasonable grounds for so believing by reason only of the application to an article, or to any printed matter accompanying an article, of the word “registered”, or any word or words or abbreviation expressing or implying that an industrial design has been registered, unless the registration number of the industrial design accompanied such word, words or abbreviation.

In proceedings for infringement of an industrial design the court may, if it thinks fit, refuse to award any damages or make any such order in respect of an infringement committed during any further period specified under subsection (5) of section 29, but before the payment of the renewal fee and any additional fee prescribed for the purposes of that subsection.

Incorporating amendments until S 3/2020

(Clean version) Norhasnani/fiqah/Karimah_as of 8th June 2020

38

BLUV as at 13th February 2020

Further restriction on recovery of damages or profits for certain infringements.