Modifications etc. (not altering text)
C1Pt. 3 modified by S.I. 1989/1100, arts. 3-9, Sch.
(1)An infringement of design right is actionable by the design right owner.
(2)In an action for infringement of design right all such relief by way of damages, injunctions, accounts or otherwise is available to the plaintiff as is available in respect of the infringement of any other property right.
(3)The court may in an action for infringement of design right, having regard to all the circumstances and in particular to—
(a)the flagrancy of the infringement, and
(b)any benefit accruing to the defendant by reason of the infringement,
award such additional damages as the justice of the case may require.
(4)This section has effect subject to section 233 (innocent infringement).