326 No. 6 of 2016]
Layout-designs of Integrated
Circuits
(2) In any proceedings in which damages may be awarded,
the High Court may, having regard to all of the circumstances of
the case including the flagrancy of the infringement and any benefit
accruing to the defendant by reason of the infringement, award
additional damages.
Order for
delivery up
59. (1) Where a person has in the person’s possession, custody
or control—
(a) for commercial exploitation, an integrated circuit in which
a protected layout-design is incorporated; or
(b) any article which the person knows or has reason to believe
has been or is to be predominantly used to make
integrated circuits in which a protected layout-design is
incorporated;
a qualified owner of the protected layout-design may apply to the
High Court for an order that the integrated circuit or article, referred
to in paragraph (b), be delivered to the qualified owner or to another
person that the Court specifies.
(2) A qualified owner shall, by post or otherwise, notify a
registered user who has a concurrent right of action in respect of
an infringement of a layout-design before applying for an order for
delivery up in accordance with subsection (1).
(3) The High Court may, on the application of an exclusive
assignee or exclusive licensee, make an order for delivery up which
the Court considers just, having regard to the terms of the
assignment or licence.
(4) The High Court shall not make an order for delivery up
unless it also makes, or it appears to the Court that there are grounds
for making, an order in accordance with section sixty.
(5) A person to whom an integrated circuit or an article, referred
to in paragraph (b) of subsection (1), is delivered up shall retain the
integrated circuit or article pending the making of an order, or a
decision not to make an order, in accordance with section sixty.
Order for
forfeiture,
destruction
and disposal
60. (1) An application may be made to the High Court for—
(a) an order that the integrated circuit or article delivered up,
in accordance with section fifty-nine, be forfeited to
the qualified owner, destroyed or disposed of as the Court
considers appropriate, in accordance with laws relating
to public health and the environment; or
(b) a decision that no order be made under subsection (a).