Layout-designs of Integrated
Circuits
[No. 6 of 2016
327
(2) In deciding what order or decision to make, in accordance
with subsection (1), the High Court shall have regard to whether
other remedies available to the plaintiff would be adequate to
compensate the plaintiff and protect the interests of the plaintiff.
(3) The High Court shall issue directions as to the service of
notice on persons having an interest in the integrated circuit or
article delivered up.
(4) A person having an interest in the integrated circuit or article
delivered up is entitled to—
(a) appear in proceedings for an order under this section,
whether or not the person is served with notice; and
(b) appeal against any order made, whether or not that person
appears in the proceedings.
(5) An order made in accordance with this section shall not
take effect until the end of the period within which notice of an
appeal may be given or, if before the end of that period notice of
appeal is duly given, until the final determination or abandonment
of the proceedings on the appeal.
(6) Where there is more than one person interested in the
integrated circuit or article delivered up, the High Court may direct
that the integrated circuit or article be sold, or otherwise dealt with,
and the proceeds divided, and shall make any other order as it
considers appropriate.
(7) If the High Court decides that no order should be made in
accordance with this section, the person in whose possession,
custody or control the integrated circuit or article was before being
delivered up is entitled to its return.
61. A person shall not institute any proceeding to prevent, or
to recover damages for, the infringement of an unregistered layoutdesign.
62. (1) In any proceedings to enforce a qualified owner’s rights
in accordance with this Part, evidence may be submitted by affidavit
asserting relevant facts showing that the—
(a) plaintiff is a qualified owner of the layout-design; and
(b) layout-design is a protected layout-design.
No action
for
infringement
of an
unregistered
layoutdesign
Affidavit
evidence