Document ID: chunk:federal_register_of_legislation:C2004A02420:body:0:p15
Version: federal_register_of_legislation:C2004A02420
Segment Type: other
Provision Reference: 
Character Range: 34127–36904

omitting from paragraph (1) (b) "registered owner of the design" and substituting "owner of the registered design";
      (c) by inserting in paragraph (1) (c) "or hires, or offers or keeps for hire," after "sale,";
      (d) by omitting from sub-paragraph (1) (c) (i) "copyright" and substituting "monopoly";
      (e) by omitting from sub-paragraph (1) (c) (ii) "registered owner of the design" and substituting "owner of the registered design"; and
      (f) by omitting sub-section (2) and substituting the following sub-section:
     "(2) If any person infringes the monopoly in a registered design, the owner of the design may bring an action or proceeding against him for infringement of the monopoly in the design.".

20. Sections 31 and 32 of the Principal Act are repealed and the following sections substituted:

Infringement actions
"31. An action or proceeding for the infringement of the monopoly in a registered design may be instituted in a prescribed court, but nothing in this section prevents such an action or proceeding being instituted in a court that is not a prescribed court.

Defendant may counter-claim for rectification of register
"32. A defendant in an action or proceeding for the infringement of the monopoly in a registered design may apply, by way of counter-claim in the action or proceeding, for the rectification of the register by the expunging of the entry of the registration of the design from the register.

Intervention by Registrar in infringement action
"32a. A prescribed court may grant to the Registrar leave to intervene in an action or proceeding for the infringement of the monopoly in a registered design.

Remedies for infringement of monopoly in designs
"32b. (1) The relief that a court may grant in an action or proceeding for the infringement of the monopoly in a registered design includes an injunction (subject to such terms, if any, as the court thinks fit) and, at the option of the plaintiff, either damages or an account of profits.

"(2) A court may refuse to award damages, or to make an order for an account of profits, in respect of an infringement of the monopoly in a registered design if the defendant satisfies the court—
      (a) that, at the time of the infringement, he was not aware that the design was registered; and
      (b) that he had, prior to that time, taken all reasonable steps to ascertain whether a monopoly in the design existed.".

Correction of register
21. Section 37 of the Principal Act is amended—
      (a) by omitting from sub-section (1) "registered owner of a design" and substituting "owner of a registered design"; and
      (b) by omitting from paragraphs (1) (a) and (b) "registered" (wherever occurring).

22. Section 38 of the Principal Act is repealed and the following