322 No. 6 of 2016]
Layout-designs of Integrated
Circuits
(b) as may be determined by a method agreed between the
Government and the qualified owner; or
(c) in default of agreement, as is determined by the High
Court on the application of either the Government or
the qualified owner.
Reference of
disputes as
to
government
use
51. (1) Any dispute as to—
(a) the exercise by the government or a person authorised by
the Minister of the powers conferred by section fortyseven;
(b) the terms for the use of a registered layout-design for the
service of the State under section forty-seven; or
(c) the right of any person to receive any payment determined
in terms of paragraph (b);
(2) A dispute referred to under subsection (1) may be referred
to the High Court by any party to the dispute.
(3) In any proceedings under this section to which a government
or a person authorised is party to, the Minister may—
(a) if the qualified owner of the registered design concerned
is a party to the proceedings, apply for revocation of the
registration of the design upon any ground upon which
its registration may be revoked under section thirtytwo; or
(b) in any case, put in issue the validity of the registration of
the design concerned without applying for its revocation.
(4) In determining any dispute arising from section fifty-one,
as to terms for the exploitation of a registered layout-design for the
service of the State, the High Court shall have regard to any benefit
or compensation which that person or any person from whom he
derives title may have received or may be entitled to receive, directly
or indirectly, from the government in respect of the design in
question.
Licence to
remedy anticompetitive
practice
52. (1) A person who claims that the person requires a licence
to do any act referred to in section forty-seven, may apply to the
High Court for the grant of a licence on the ground that the grant
of the licence is necessary to remedy an anti-competitive practice.
(2) If the High Court is satisfied that the ground, referred to in
subsection (1), has been established, the Court may make an order
for the grant of a licence in accordance with the application upon
such terms as the Court considers appropriate in the circumstances.