Is it mandatory to mark the registration number of the design on the article before delivering the same for sale?

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Before delivery on sale of any article with registered design, the registered proprietor shall mark such article with any of the following words:



C. RD, and

D. the registration number

It is not necessary to mark the articles as required above in:

A. textile goods in which the design is printed or woven, other than handkerchiefs; and

B. articles made of charcoal dust, which are brittle and which are not sold in single piece.

If the registered proprietor fails to mark an article, he may not be entitled to recover any penalty or damages in respect of any infringement of his copyright in the design, unless he proves that he took all proper steps to ensure the marking of the article, or unless he proves that the infringement took place after the alleged infringer knew or had already received a notice of the existence of copyright in the design.

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