Industrial Designs Act, 2001
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Chapter 12 Delivery Up and Disposal | ||
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Period after which remedy of delivery up is not available. |
71.—(1) Subject to subsection (2), an application for an order under section 61 may not be made after the expiration of 6 years from the date on which the infringing product or article was made. | |
(2) Where, during the whole or any part of the period referred to in subsection (1), the registered proprietor— | ||
(a) is under a disability, or | ||
(b) is prevented by fraud or concealment from discovering the facts entitling him or her to apply for an order, | ||
an application under section 61 may be made at any time before the expiration of 6 years from the date on which the applicant ceased to be under a disability or, as the case may be, could, with reasonable diligence, have discovered those facts. | ||
(3) An order for delivery up in criminal proceedings under section 69 shall not, in any case, be made after the expiration of 6 years from the date on which the proceedings under that section were initiated. | ||
(4) Where in any proceedings for an order for delivery up under section 61 or 69 the date of the making of the infringing product or article is put into question by the defendant, the onus of proof shall be on the defendant that the infringing product or article was made more than 6 years before the date on which an application for an order under section 61 was made or proceedings under section 69 were initiated. |