What are the available remedies for industrial design infringement?
The owner of a registered industrial design has the rights to take legal actions against any person who has
- infringed or is infringing any of the rights conferred by the registration of the industrial design; or
- performed acts which make it likely that an infringement will occur.
Legal proceedings mentioned above may not be instituted after five (5) years from the act of infringement.
If the owner proves that an infringement has been committed, the court may award damages or an account of profits and may grant an injunction to prevent further infringement and any other legal remedies.
If the owner proves that acts are being performed which make it likely that an infringement will occur, the court may grant an injunction to prevent infringement and any other legal remedies.
The court may refuse to award damages, or to make an order for an account of profits, if the defendant satisfies the court:
- that, at the time of the infringement, he was not aware that the industrial design was registered; and
- that he had, prior to that time, taken all reasonable steps to ascertain whether the industrial design had been registered.
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