Industrial and Commercial Property (Protection) Act, 1927

Certificate of validity questioned and costs thereon.

132.—(1) In an action for infringement of a patent the Court may certify that the validity of any claim in the specification of the patent came in question, and if the Court so certifies then in any subsequent action for infringement of such claim the plaintiff in such subsequent action, on obtaining a final order or judgment in his favour, shall, unless the Court trying such subsequent action otherwise directs, have his full costs and expenses as between solicitor and client so far as that claim is concerned.

(2) In an action for infringement of the copyright in a registered design the Court may certify that the validity of the registration of such design came in question, and if the Court so certifies then in any subsequent action for infringement of such copyright the plaintiff in such subsequent action, on obtaining a final order or judgment in his favour, shall, unless the Court trying such subsequent action otherwise directs, have his full costs and expenses as between solicitor and client.

(3) In any legal proceeding in which the validity of the registration of a registered trade mark comes into question and is decided in favour of the proprietor of such trade mark, the Court may certify the same, and if it so certifies then in any subsequent legal proceeding in which such validity comes into question the proprietor of the said trade mark, on obtaining a final order or judgment in his favour, shall, unless the Court trying such subsequent legal proceeding otherwise directs, have his full costs and expenses as between solicitor and client.