Malaysia legislation
Section 18
Section 18
(a)
the layout-design is a protected layout-design; and
(b)
the plaintiff is a right holder of the protected layout-design.
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(2)
An affidavit under subsection (1) may be sworn by the right holder of the protected layout-design or by his authorized agent on his behalf.
(3)
A person who acts as an authorized agent of a right holder for the purposes of subsection (1) shall submit such authorization in writing together with his affidavit in accordance with the prescribed rules of court.
(4)
An affidavit under subsection (1) shall be prima facie proof of the facts contained in the affidavit.
(5)
If the High Court considers, on the application in good faith of a party, that the deponent of an affidavit should be cross-examined with respect to the matters sworn in the affidavit, the affidavit may not be used in the action unless the deponent appears as a witness for such cross-examination or the High Court before which the proceedings are being conducted, in its discretion, permits the affidavit to be used without the deponent’s so appearing.
(6)
Without prejudice to the powers of the High Court to award costs, the High Court may award costs—
(a)
against a plaintiff—
(i)
who swears an affidavit under subsection (1) that is scandalous, irrelevant or otherwise oppressive;
or
(ii)
if it is subsequently found that—
(A)
the layout-design is not a protected layout-design;
(B)
the plaintiff is not the right holder of the protected layout-design; or
(C)
there is no infringement of the plaintiff’s rights as a right holder of a protected layout-design;
(b)
against a defendant—
(i)
who applies to the High Court for the appearance of a deponent of an affidavit for the purpose of cross-examination with respect to the matters sworn in the affidavit; or
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(ii)
who is subsequently found liable for the infringement of the plaintiff’s rights as a right holder of a protected layout-design.
(7)
In awarding costs under subsection (6), the High Court shall have regard to the actual costs incurred by the defendant or plaintiff, as the case may be, as a result of the affidavit sworn by the plaintiff or the application for the appearance of a deponent and the High Court may award costs under subsection (6) exceeding the limit of costs, if any, that the High Court may award.