Designs Act, 1993 (Act No. 195 of 1993)36. Declaration as to non-infringement |
| (1) | A declaration that the making, importing, using, disposing or reproducing of an article by any person does not or would not constitute an infringement of a registered design, may be made by the court in proceedings between that person and the registered proprietor, notwithstanding that no assertion to the contrary has been made by the registered proprietor or licensee, if it is proved that— |
| (a) | such person has applied in writing to the registered proprietor or licensee for a written acknowledgement to the effect of the declaration claimed, and has furnished him with full particulars of the article in question; and |
| (b) | the registered proprietor or licensee has failed to give such an acknowledgement. |
| (2) | The costs of all parties to proceedings for a declaration instituted by virtue of this section shall be awarded in such manner as the court may deem fit. |