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Design Act, 1911


48. Requirements before delivery on sales

(1) Before delivery on sale of any articles to which a registered design has been applied the proprietor shall -

(a) (if exact representation or specimens were not furnished on the application for registration) furnish to the Controller the prescribed number of exact representations or specimens of the design; and if he fails to do so the Controller may erase his name from the register and thereupon the copyright in the design shall cease; and

(b) cause each such article to be marked with the prescribed mark or with the prescribed words or figures denoting that the design is registered; and if he fails to do so the proprietor shall not be entitled to recover any penalty or damages in respect of any infringement of his copyright in the design unless he shows that he took all proper steps to ensure the marking of the article or unless he shows that the infringement took place after the person guilty thereof knew or had received notice of the existence of the copyright in the design.

(2) Where a representation is made to the Central Government by or on behalf of any trade or industry that in the interests of the trade or industry it is expedient to dispense with or modify as regards any class or description of articles any of the requirements of this section as to marking the Central Government may if it thinks fit by rule under this Act dispense with or modify such requirements as regards any such class or description of articles to such extent and subject to such conditions as it thinks fit.



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