Malaysia legislation
Section 22
Section 22
(2)
Subsection (1) shall not apply to an application by a right holder or an exclusive licensee for interlocutory relief.
(3)
Without prejudice to subsections 18(6) and 18(7), a right holder or an exclusive licensee who is added as a defendant in an action under subsection (1) shall not be liable for any costs in the action unless he enters an appearance and takes part in the proceedings.
(4)
If an action for the infringement of the rights of a right holder in a protected layout-design is brought and the action relates, wholly or partly, to an infringement in respect of which a right holder and an exclusive licensee have concurrent rights of action—
(a)
the High Court shall, in assessing damages, take into account the terms of the licence and any pecuniary remedy previously awarded or available to either of them in respect of the infringement;
(b)
the High Court shall, if an account of profits is directed to be taken in respect of that infringement in that action, apportion the profits between them as the High Court considers just and shall give such directions as the High
Court considers appropriate for giving effect to the apportionment, subject to any agreement between them as to the application of those profits;
Layout-Designs of Integrated Circuits 21
(c)
the High Court shall not, if an account of profits has been directed in favour of one of the parties in respect of an infringement, award damages in respect of the same infringement to the other party; and
(d)
the High Court shall not, if an award of damages has been made or an account of profits has been directed in favour of one of the parties in respect of an infringement, direct that an account of profits be made in favour of the other party in respect of the same infringement.
(5)
Subsection (4) shall apply whether or not the right holder and the exclusive licensee are both parties to the action.
(6)
A right holder shall, by post or otherwise, notify any exclusive licensee who has concurrent rights of action in respect of an infringement of a right in a protected layout-design before applying for an order for delivery up under section 15, and the High Court may, on the application of the exclusive licensee, make a delivery up order that it considers just having regard to the terms of the licence.