Section 57
of Industrial Designs Order, 1999
ORDERIn forceProvision 57 of 88
Section 57
(1)
Subject to subsection (2), where a person has commenced proceedings alleging an infringement of the right in an industrial design, the court may, on the application of any person against whom such proceedings are brought, if it is satisfied that they were unjustified –
(a)
make an order striking out the proceedings; and
(b)
make an order for the payment of damages for any loss suffered by the person against whom the proceedings were brought.
(2)
The court shall not grant relief under this section if the defendant proves that the act in respect of which the proceedings were brought constituted, or if done, would have constituted, an infringement of the right in the industrial design.