Industrial Designs Act, 2001
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Undertakings concerning licences of right. |
60.—(1) Where, in proceedings for infringement of the design right in a design in respect of which a licence is available as of right, the defendant undertakes to take a licence on such terms as may be agreed or, in default of agreement, settled by the Controller— | |
(a) no injunction shall be granted against the defendant, | ||
(b) no order for delivery up shall be made under section 61 , and | ||
(c) the amount recoverable against the defendant by way of damages or on an account of profits shall not exceed 3 times the amount which would have been payable by the defendant as licensee where a licence on those terms had been granted before the earliest infringement. | ||
(2) An undertaking under subsection (1) may be given at any time before the final order in the proceedings without any admission of liability. | ||
(3) Nothing in this section shall affect the remedies available in respect of an infringement committed before a licence was available as of right. |