Industrial Designs Order, 1999 · s 56

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s 56

( 1} If in any proceedings before the court the validity of the registration of an industrial design is contested and that registration is found by the court to be valid, the court may certify the finding and the fact that the validity of the registration was so contested.

{2)

Where a certificate has been granted under this section, then if, in any subsequent proceedings before the court for infringement of the industrial design or for revocation of the registration, a final order or judgment is made or given in favour of the party relying on the validity of the registration, that party shall, unless the court otherwise directs, be entitled to his costs on the indemnity basis within the meaning of that term as appearing in

Order 59 rule 27 of the Rules of the Supreme Court, other than the costs of any appeal in the subsequent proceedings.