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[Cites 0, Cited by 0] [Section 42] [Entire Act]

Union of India - Subsection

Section 42(3) in The Designs Act, 2000

(3)In proceeding against any person for any act in contravention of section 22, it shall be a defence to prove that at the time of such contravention there was in force a contract relating to the registered design and containing a condition declared unlawful by this section:Provided that this sub-section shall not apply if the plaintiff is not a party to the contract and proves to the satisfaction of the court that the restrictive condition was inserted in the contract without his knowledge and consent, express or implied.