Industrial Designs Act, 2001

Chapter 8

Remedies

Certificate of contested validity of registration.

55.—(1) Where in proceedings before the appropriate court the validity of the registration of a design is contested and it is found by that court that the design is validly registered, the court may certify that finding and the fact that the validity of the registration of the design was contested in those proceedings.

(2) Where a certificate has been granted under subsection (1), and in any subsequent proceedings before the appropriate court for infringement of the design right or for invalidation of the registration of the design, a final order or judgement is made or given in favour of the party relying on the validity of the registration, that party shall, unless the court otherwise directs, be entitled to his or her costs as between solicitor and client.

(3) Subsection (2) shall not extend to the costs of an appeal in any proceedings.