Industrial Designs Order, 1999 · As enacted
57. {1)
Official textFrom Attorney General's Chambers, unchanged
Subject to subsection {2), where a person has commenced proceedings alleging an infringement of the right in an industrial design, the court may, on the application of any person against whom such proceedings are brought, if it is satisfied that they were unjustified -
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
{a) make an order striking out the proaeedings; and
{b) make an order for the payment of damages for any loss suffered by the person against whom the proceedings were brought.
12)
The court shall not grant relief under this section if the defendant proves that the act in respect of which the proceedings were brought constituted, or if done, would have constituted, an infringement of the right in the industrial design.
Groundless legal proceedings.
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