Section 239(1)

If in proceedings for infringement of design right in a design in respect of which a licence is available as of right under section 237 or 238 the defendant undertakes to take a licence on such terms as may be agreed or, in default of agreement, settled by the comptroller under that section— no injunction shall be granted against him, no order for delivery up shall be made under section 230, and the amount recoverable against him by way of damages or on an account of profits shall not exceed double the amount which would have been payable by him as licensee if such a licence on those terms had been granted before the earliest infringement.

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Source: legislation.gov.uk · retrieved 2026-09-04