Layout-designs of Integrated
Circuits
[No. 6 of 2016
323
(3) The High Court shall specify, in the order granting the
licence, such remuneration that is to be paid to the qualified owner
for the licence, as the Court considers reasonable.
53. (1) A licence granted under section forty-two is—
(a) non-exclusive and non-assignable; and
(b) subject to the payment to the qualified owner of the
compensation specified in the court order as provided in
that section.
Scope and
nature of
licence
(2) Any licence granted under section forty-two may, on the
application of the qualified owner, be terminated by the High Court
where the Court is satisfied that the ground on which the licence
was granted ceased to exist.
PART V
INFRINGEMENT OF RIGHTS IN LAYOUT-DESIGNS
54. A registered layout-design is infringed by a person who,
not being the qualified owner of the layout-design or a registered
user thereof, does any acts specified in section thirty-eight.
Infringement
of layoutdesign
55. It is not an infringement of a qualified owner’s right in a
protected layout-design—
(a) if the reproduction is of any part of a protected layoutdesign that does not comply with the requirement of
originality as specified in section fifteen;
(b) if the reproduction is done for a private purpose and not
for the purpose of commercial exploitation;
(c) if the reproduction is done for the sole purpose of evaluation,
analysis, research or teaching;
(d) if it is to use the results of an evaluation, analysis or research
to create a different layout-design that complies with
the requirement of originality specified in section fifteen;
(e) if it is to do any act specified in section fifteen in respect
of the different layout-design referred to in paragraph
(d);
(f) if it is to do any act specified in section fifteen for a qualified
owner of another protected layout-design—
(i) that is identical to the first-mentioned protected
layout-design; and
(ii) that is independently created; or
Noninfringing
acts