Industrial Designs Act, 2001
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Innocent infringement. |
58.—(1) Where in an action for the infringement of the design right in a registered design, it is shown that at the time of the infringement the defendant did not know and had no reason to believe that the design was registered, the plaintiff shall not be entitled to damages against the defendant and no order shall be made for an account of profits. | |
(2) For the purposes of subsection (1), a person shall not be regarded as knowing or having reason to believe that the design was registered by reason only of the application to a product, or to any printed matter accompanying a product, of the word “registered”, or any word or words or abbreviation expressing or implying that a design has been registered, unless the registration number of the design accompanied the word or words or abbreviation concerned. | ||
(3) Nothing in this section shall affect the power of the appropriate court to grant an injunction in any proceedings for the infringement of the design right in a registered design. | ||
(4) In an action for infringement of design right, the appropriate court may, if it thinks fit, refuse to award any damages or make an order for an account of profits in respect of an infringement committed at any time during the period referred to in subsection (4) of section 43 but before the fees referred to in that subsection are paid. |