Industrial Design [No. 22 of 2016 545 (2) A person who is added as a defendant, in accordance with subsection (1), shall not be liable for costs in the proceedings unless such person takes part in the proceedings. (3) An exclusive licensee may, if the proprietor refuses or fails to commence court proceedings within three months after giving notice to the creator to commence court proceedings, commence such proceedings in the licensee’s own name, and the proprietor may join in the proceedings at any time after commencement. 69. (1) In proceedings to enforce a proprietor’s or successor in title’s right in accordance with this Part, evidence may be submitted by affidavit asserting relevant facts showing that— Affidavit evidence (a) a proprietor or successor in title is the owner of a registered design; and (b) the design is a registered design. (2) Where the court considers, on the application of a party, that the deponent to an affidavit should be available to be crossexamined with respect to matters asserted in the affidavit, the court shall order that such a deponent appear to be cross-examined. (3) If a deponent does not appear to be cross-examined in court as required in subsection (2), the court shall exclude the admission of the affidavit. 70. (1) Where a person, by means of circulars, advertisements or otherwise, threatens another person with proceedings in respect of an infringement as specified in this Part, whether or not the person making the threat is a proprietor, the court may, on the application of the aggrieved person, do any of the following: (a) declare that the threat is unjustified; (b) grant an injunction against the continuance of the threat; or (c) award compensation for any damage sustained. (2) The court shall not make any order, as specified in subsection (1), if the defendant satisfies the court that the acts in respect of which the proceeding was threatened constituted, or would constitute, an infringement of a proprietor’s right as specified in this Part. Groundless threat of infringement proceedings