Designs Act, 1993 (Act No. 195 of 1993)24. Compensation arising from restoration |
| (1) | Where registration of a design has been restored in terms of section 3, any person who, during the period between the lapse of such registration and its restoration, has expended any money, time or labour with a view to making or disposing of articles embodying the registered design, may apply in the prescribed manner to the court for compensation in respect of the money, time and labour so expended. |
| (2) | The court may, after hearing the parties concerned, assess the amount of such compensation if in its opinion the application ought to be granted, and determine the time in which such compensation shall be paid. |
| (3) | Any amount assessed under subsection (2) shall not be recoverable as a debt or damages but, if it is not paid within the time determined by the court, the registration of the design shall lapse. |