Section 9: Exemption of innocent infringer from liability for damages

9. Exemption of innocent infringer from liability for damages.___ In proceedings for the infringement of right in a registered design, damages shall not be awarded against a defendant who proves that at the date of the infringement he was not aware, and had no reasonable ground for supposing, that the design was registered and a person shall not be deemed to have been aware or to have had reasonable grounds for supposing as aforesaid by, reason only of the marking of an article with word “registered” or any abbreviation thereof, or any word or words expressing or implying that the design applied to the article has been registered, unless the number of the design accompanied the word or words or the abbreviation in question: Provided that nothing in this section shall affect the power of the Court to grant an injunction in any proceedings for infringement of copyright in a registered design.

Effective date: 2000-01-01

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