Layout-designs of Integrated
Circuits
(3)
[No. 6 of 2016 325
In this section—
(a) a reproduction of a protected layout-design is unauthorised
if it is made without the consent of the qualified owner
of the layout-design; or
(b) an integrated circuit which incorporates a protected layoutdesign is unauthorised if such incorporation is done
without the consent of the qualified owner of the layoutdesign.
57. (1) Where the qualified owner of a right in a layout-design,
an exclusive assignee or licensee brings proceedings for any
infringement of a layout-design in respect of which the qualified
owner or registered user has concurrent rights of action, the qualified
owner or registered user need not—
(a) join the other as a plaintiff; or
(b) add the other as a defendant;
unless the High Court otherwise orders.
Infringement
proceedings
where
concurrent
rights exist
(2) A qualified owner or registered user who is added as a
defendant, in accordance with subsection (1), shall not be liable for
costs in the proceedings unless the qualified owner or registered
user takes part in the proceedings.
(3) Where any proceedings for infringement of a qualified
owner’s right in a layout-design is brought and the proceedings
relate wholly or partly to an infringement in respect of which a
qualified owner and registered user have concurrent rights of action,
the High Court shall—
(a) in assessing damages, take into account the terms of the
assignment or licence and any pecuniary remedy
previously awarded or available to either of them in
respect of the infringement;
(b) if an account of profits is directed, apportion the profits
between them as the High Court considers just, subject
to any agreement between them; and
(c) not, if an award of damages has been made or an account
of profits has been ordered in favour of either of them,
direct that an account of profits be made in favour of
the other in respect of the infringement.
58. (1) A qualified owner may take proceedings and seek a
remedy by way of damages, injunctions, delivery up, accounts or
otherwise with respect to an infringement of the rights in a protected
layout-design as are available with respect to other property rights.
Remedies for
infringement