Document ID: chunk:federal_register_of_legislation:C2021A00100:clause:4_1
Version: federal_register_of_legislation:C2021A00100
Segment Type: clause
Provision Reference: sch 4 cl 1
Character Range: 16872–17516

1  After subsection 75(1)
Insert:

Relief for defendant—infringement before date of registration
 (1A) To the extent that the infringement proceedings relate to an infringement occurring before the date on which the design was registered, the court may:
 (a) refuse to award damages; or
 (b) reduce the damages that would otherwise be awarded; or
 (c) refuse to make an order for an account of profits;
if the defendant satisfies the court that, at the time of the infringement, the defendant was not aware, and could not reasonably have been expected to be aware, that an application in respect of the design had been filed under section 21.