CTHRepealedAct
Designs Act 1906
32BRemedies for infringement of monopoly in designs
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##### 32B Remedies for infringement of monopoly in designs
(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.