Proceeding for infringement

(1) The registered owner of an industrial design shall, in addition to any other rights, remedies or actions available to him, have the right to institute court proceedings against any person who infringes the industrial design by performing, without his authorisation, any of the acts referred to in section 10 (2) of this Act or who performs acts which make it likely that infringement will occur. (2) In any proceedings under this section, the Court may grant relief by way of, (a) damages; (b) injunction; (c) delivery up or destruction of any infringing product, article or product of which the infringing product forms an inseparable part; or (d) an account of profits derived from the infringement or otherwise as it may deem fit. (3) The Court shall not, in awarding damages under this section, also order, in respect of the same infringement, that the plaintiff be given an account of the profits derived by him from the infringement. (4) In any proceedings under this section, the Court shall have jurisdiction to order the invalidation of the registration of a design on any of the grounds specified in section 14 of this Act, and any such grounds may be relied upon by way of defence. (5) Any person who intentionally performs an act which constitutes an infringement as defined under subsection (1) of this section, commits an offence and is liable to a fine of five thousand dollars or to imprisonment for five years. (6) A licensee who has requested the owner to institute court proceedings for a specific relief and the owner has refused or failed to do so, may also bring an action under this section, and the Court shall grant him any relief specified in subsection (2) of this section.