Section 24B Exemption of innocent infringer from liabilityF1
United Kingdom
In proceedings for the infringement of the right in a registered design damages shall not be awardedF2... 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.
For the purposes of subsection (1), a person shall not be deemed to have been aware or to have had reasonable grounds for supposing that the design was registered by reason only of the marking of a product with—
the word “registered” or any abbreviation thereof, or
any word or words expressing or implying that the design applied to, or incorporated in, the product has been registered,
unless the number of the design F3or a relevant internet link accompanied the word or words or the abbreviation in question.
The reference in subsection (2) to a relevant internet link is a reference to an address of a posting on the internet—
which is accessible to the public free of charge, and
which clearly associates the product with the number of the design.
Nothing in this section shall affect the power of the court to grant an injunction in any proceedings for infringement of the right in a registered design.
Annotations
Textual amendments
- F1
Ss. 24A-24G inserted (29.4.2006) by Intellectual Property (Enforcement, etc) Regulations 2006 (S.I. 2006/1028), art. 1, Sch. 1 para. 3
- F2
Words in s. 24B(1) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 10(1), 24(1); S.I. 2014/2330, art. 3, Sch.
- F3
Words in s. 24B(2) inserted (1.10.2017) by Digital Economy Act 2017 (c. 30), ss. 33(2), 118(6); S.I. 2017/765, reg. 3(b)
- F4
S. 24B(2A) inserted (1.10.2017) by Digital Economy Act 2017 (c. 30), ss. 33(3), 118(6); S.I. 2017/765, reg. 3(b)
Notes on Legal proceedings: general
Textual amendments
- F1
S. 24A cross-heading substituted (1.10.2017) by Intellectual Property (Unjustified Threats) Act 2017 (c. 14), ss. 4(2), 8; S.I. 2017/771, reg. 2(1)(b) (with reg. 3)