(1) Before delivery on sale of any articles to which a registered design has been applied, the proprietor shall—
(a) (if exact representations or specimens were not furnished on the application for registration), furnish to the Registrar the prescribed number of exact representations or specimens of the design; and if he or she fails to do so the Registrar may erase his or her name from the register, and thereupon the copyright in the design shall cease; and
(b) cause each such article to be marked with the prescribed mark, or with the prescribed words or figures denoting that the design is registered; and if he or she fails to do so the proprietor shall not be entitled to recover any penalty or damages in respect of any infringement of his or her copyright in the design unless he or she shows that he or she took all proper steps to ensure the marking of the article, or unless he or she shows that the infringement took place after the person guilty knew or had received notice of the existence of the copyright in the design.
(2) Where a representation is made to the Cabinet by or on behalf of any trade or industry that in the interest of the trade or industry it is expedient to dispense with or modify as regards any class or description of articles any of the requirements of this article as to marking, the Cabinet may dispense with or modify such requirements as regards any such class or description of articles to such extent and subject to such conditions as may seem desirable.