Section 28

that there is no production of the protected layout-design, any integrated circuit incorporating the protected layout-design or any article containing such an integrated circuit in Malaysia without any legitimate reason;

that there is no production of the protected layout-design, any integrated circuit incorporating the protected layout-design or any article containing such an integrated circuit for sale in Malaysia; or

that there is production of the protected layout-design, integrated circuits incorporating the protected layout-design or articles containing such integrated circuits in Malaysia but the protected layout-design, integrated circuit incorporating the protected layout-design or the article containing such an integrated circuit produced is sold at unreasonably high prices or does not meet the public demand without any legitimate reason.

An application to the High Court under subsection (1) shall only be made after the applicant for the compulsory licence has made efforts to obtain authorization from the right holder on reasonable commercial terms and conditions but such efforts have not been successful within a reasonable period of time.

If the High Court is satisfied that any of the grounds referred to in subsection (1) is established, the High Court may make an order for the grant of a compulsory licence in accordance with the application on such terms as the High Court considers fit.

Layout-Designs of Integrated Circuits 25

The High Court shall specify in the order the remuneration to be paid to the right holder for the compulsory licence as the

High Court considers reasonable.

For the purposes of subsection (4), the remuneration payable shall be an adequate remuneration in the circumstances of the case, taking into account the economic value of the compulsory licence granted under subsection (3).

Scope and nature of compulsory licence