CTHRepealedAct
Designs Act 1906
32ECounter‑claim for infringement
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##### 32E Counter‑claim for infringement
(1) The respondent in proceedings under section 32C may apply, by way of counter‑claim, for relief to which the respondent would be entitled in separate proceedings for an infringement by the applicant of the monopoly in the registered design to which the threats relate.
(2) Where the respondent applies by way of a counter‑claim, the applicant may, without making a separate application under section 39, apply in the proceedings for the rectification of the register by expunging from the register the entry of the registration of the design.
(3) The provisions of this Act relating to infringement proceedings apply, with the necessary changes, to a counter‑claim.
(4) The provisions of this Act relating to proceedings for the rectification of the register apply, with the necessary changes, to an application under subsection (2).