On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 31/07/2005.
43.
—(1) If in any proceedings before the Court the validity of the registration of a design is contested, and the Court finds that the design is validly registered, the Court may certify the finding and the fact that the validity of the registration was so contested.
(2) If the Court gives such a certificate and in subsequent proceedings for infringement of the design or for revocation of the registration of the design —
(a)
the validity of the registration is again questioned; and
(b)
the registered owner obtains a final order or judgment in his favour,
the registered owner is entitled to his costs as between solicitor and client unless the Court directs otherwise.
(3) Subsection (2) does not extend to the costs of an appeal in any such proceedings.
[UK Designs 1949, s. 25]