s 43 Certificate of contested validity of registration
43.—(1) If in any proceedings before the Registrar or the Court the validity of the registration of a design is contested, and the Registrar or the Court finds that the registration of the design is valid, the Registrar or the Court may certify the finding and the fact that the validity of the registration was so contested.[23/2019] (2) Where a certificate is given under subsection (1) and in subsequent proceedings for infringement of the design or for revocation of the registration of the design before the Registrar or the Court —(a) the validity of the registration is again questioned; and (b) the registered owner obtains a final order or judgment in the registered owner’s favour relying on the validity of the registration as found in the earlier proceedings, the registered owner is entitled to the registered owner’s costs as between solicitor and client unless the Registrar or the Court directs otherwise. [23/2019] (3) Subsection (2) does not extend to the costs of an appeal in any such proceedings.