Industrial Designs Order, 1999 · As enacted
48. (1)
Official textFrom Attorney General's Chambers, unchanged
An infringement of the right in an industrial design is actionable by the registered owner and in any action in respect of such an infringement all such relief, by way of damages, injunction, account of profits or otherwise, shall be available as is available in proceedings in respect of the infringement of other proprietary rights.
industrial design
"industrial design" means features of shape, configuration, pattern or ornament applied to an article by any industrial process, being features which in the finished article appeal to and are judged by the eye, but does not include - fa} a method or principle of construction; or [i) are dictated solely by the function which the article has to perform; or
[2)
The court shall not, in respect of the same infringement, both award damages and order an account of profits.
No proceedings shall be taken in respect of an infringement of an industrial design committed before the date on which the certificate of registration of the industrial design was issued under section 26.
Subject to this section and to any agreement to the contrary, where there is more than one registered owner of an 87 2000
Revocation on ground that industrial design not registrable.
Revocation on ground that person not entitled to be registered as owner.
Effect of revocation.
Infringement proceedings.
Exercise of concurrent rights.
industrial design, each of them shall be entitled to bring proceedings in respect of any infringement of the industrial design.
In the application of section 31 to an industrial design of which there is more than one registered owner, the reference to the registered owner shall be construed -
{a) in relation to any act, as a reference to that registered owner or those registered owners who, by virtue of section 33
or any agreement referred to in that section, is or are entitled to do that act without its constituting an infringement; and
{b) in relation to any consent, as a reference to that registered owner or those registered owners who, by virtue of section 33 or any such agreement, is or are the proper person or persons to give such consent.
Infringement proceedings may be brought by any co-owner, but he may not, without the leave of the court, proceed with the action unless the other of them, or each of the others, has either been joined as a plaintiff or added as a defendant. A co-owner who has been added as a defendant shall not be made liable for any costs in the action unless he has taken part in the proceedings. Nothing in this subsection affects the granting of interlocutory relief on the application of a single co-owner alone.
Terms defined in s 2
industrial design
Defined · s 2"industrial design" means features of shape, configuration, pattern or ornament applied to an article by any industrial process, being features which in the finished article appeal to and are judged by the eye, but does not include - fa} a method or principle of construction; or [i) are dictated solely by the function which the article has to perform; or
Part VI