544 No. 22 of 2016] Restrictions on recovery of damages for innocent infringement Industrial Design 66. (1) In proceedings for infringement of a registered design, damages shall not be awarded, and an order shall not be made for an account of profits, against a defendant who satisfies the court that at the time of the infringement, the defendant was not aware, and had no reasonable grounds for supposing that the registered design existed. (2) A person shall not be taken to be aware, or to have reasonable grounds for supposing that a design is registered by reason only of the application to a product of the word “Registered”, or any word or words expressing or implying that a design has been registered, unless the registration number of a design accompanied the word or words in question. Declaration of noninfringement 67. (1) A person interested in a registered design may apply to court for a declaration, by the court, of the performance of a specific act, by the applicant, as not constituting an infringement of the proprietor’s right in the registered design. (2) A proprietor, an assignee or licensee shall have the right to be joined as defendants in the proceedings referred to in subsection (1). (3) The court shall not make the declaration, referred to in subsection (1), if— (a) the act to which the application relates is already a subject of infringement proceedings; or (b) the person making the application fails to satisfy the court that the person had previously written to the proprietor or a successor in title, requesting for a written acknowledgment of whether such act is infringing or noninfringing, and the creator or successor in title has failed or neglected to respond to such request within a reasonable period. (4) The court shall award costs for the proceedings, referred to in subsection (1), in a manner the court considers appropriate in the circumstances. Infringement proceedings where concurrent rights exist 68. (1) Where a proprietor, an assignee or licensee brings proceedings for any infringement of a registered design in respect of which a proprietor, assignee or licensee has concurrent rights of action, a proprietor, assignee or exclusive licensee need not— (a) join the other as a plaintiff; or (b) add the other as a defendant; unless the court otherwise orders.