Section 55

Without prejudice to the jurisdiction of the court to make a declaration apart from this section, a declaration that an act does not, or that a proposed act would not, constitute an infringement of an industrial design fuay be made by the court in any proceedings between the person doing or proposing to do the act and the registered owner, notwithstanding that no assertion to the contrary has been made by the registered owner, if it is shown that -

fa)

such person has applied in writing to the registered owner for a written acknowledgement to the effect of the declaration claimed, and has furnished him with full written particulars of that act or proposed act; and

the registered owner has refused or failed to give any such acknowledgement.