328 No. 6 of 2016]
Layout-designs of Integrated
Circuits
(2) Where the High Court considers, on the application of a
party, that the deponent to an affidavit should be available to be
cross-examined with respect to matters asserted in the affidavit, it
shall exclude the admission of the affidavit without the appearance
of the deponent.
Groundless
threat of
infringement
proceedings
63. (1) Where a person, by means of circulars, advertisements
or otherwise, threatens another person with proceedings in respect
of an infringement of a right under this Part, whether or not the
person making the threat is a qualified owner, the High Court may,
on the application of a person aggrieved, do any of the following:
(a) declare that the threat is unjustified;
(b) grant an injunction against the continuance of the threat;
or
(c) award compensation for any damage sustained.
(2) The High Court shall not make any order, as specified in
subsection (1), if the defendant satisfies the Court that the acts in
respect of which the proceeding was threatened constituted, or
would constitute, an infringement of a qualified owner’s right under
this Part.
(3) The mere notification of the existence of a right, as specified
in this Part, shall not constitute a threat of a proceeding for the
purposes of subsection (1).
(4) An application may not be brought under this section where
the threat is to bring a proceeding for an infringement that is alleged
to consist of making or importing anything.
(5) Nothing in this section shall render a legal practitioner liable
to an action under this section in respect of an act done by the legal
practitioner in a professional capacity on behalf of a client.
Proceedings
before
Registrar
PART VI
GENERAL AND ENFORCEMENT PROVISIONS
64. (1) The Registrar has the power to hold proceedings for
purposes of an opposition to Registration under section seventeen.
(2) Subject to this Act, evidence in any proceedings before the
Registrar shall be given by affidavit, except that the Registrar may,
if the Registrar considers it appropriate in any particular case, take
oral evidence on oath in lieu of, or in addition to, the evidence given
by affidavit and may allow a witness to be cross-examined on the
affidavit or oral evidence.