542 No. 22 of 2016] Industrial Design (5) Despite subsection (1), court proceedings shall not be commenced in respect of an infringement committed before the date of registration of a design by the Registrar. Remedies for infringement 63. On an application for infringement, by a proprietor an exclusive licensee, the court may grant any of the following reliefs: (a) an injunction to prevent an infringement of the proprietor’s or exclusive licensee’s right, where infringement is imminent, or to prohibit the continuation of an infringement; (b) an order that the infringing product or article embodying a registered design be delivered up; (c) damages; (d) account of profits; (e) royalty; (f)destruction or disposal of infringing products or articles embodying a registered design, as the court considers appropriate, in accordance with laws relating to public health and the environment; or (g) any other remedy the court may consider appropriate. Order for delivery up 64. (1) Where a person has in the person’s possession, custody or control, for commercial exploitation, a product or article embodying a registered design, a creator or licensee may apply to court for an order, referred to in paragraph (b) of section sixtythree, that the alleged infringing product or article be delivered to the proprietor or licensee or to another person that the court specifies. (2) A proprietor shall, by post or otherwise, notify an assignee or exclusive licensee who has a concurrent right of action in respect of an infringement of a registered design, before applying for an order for delivery up in accordance with subsection (1). (3) The court may, on the application of an assignee or exclusive licensee, make an order for delivery up which the court considers just, having regard to the terms of the assignment or licence. (4) The court shall not make an order for delivery up unless it also makes, or it appears to the court that there are grounds for making, an order as provided in section sixty-five. (5) A person to whom an alleged infringing product or article embodying a registered design is delivered up shall retain the product or article pending the making of an order, or a decision not to make an order, in accordance with section sixty-five.