Industrial Designs Order, 1999 · As enacted
Section 51
Official textFrom Attorney General's Chambers, unchanged
In proceedings for the infringement of an industrial design damages shall not be awarded, and no order shall be made for an account of profits, against a defendant who proves that at the date of the infringement he was not aware, and had no reasonable grounds for believing, that the industrial design was registered.
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
For the purpose of subsection (1), a person shall not be taken to have been so aware or to have had reasonable grounds for so believing by reason only of the application to an article, or to any printed matter accompanying an article, of the word "registered", or any word or words or abbreviation expressing or implying that an industrial design has been registered, unless the registration number of the industrial design accompanied such word, words or abbreviation.
In proceedings for infringement of an industrial design the court may, if it thinks fit, refuse to award any damages or make any such order in respect of an infringement committed during any further period specified under subsection (5) of section 29, but before the payment of the renewal fee and any additional fee prescribed for the purposes of that subsection.
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