Layout-Designs of Integrated Circuits Act 2000 · Updated to 1 Jan 2006 · Part III · Rights in Relation to Layout-Designs and Infringements
13. Actions for infringement
Feedback & supportSubject to this Act, a right holder may bring an action for an infringement of his rights in a protected layout-design.
right holder
“right holder” means the person that is to be regarded as the beneficiary of the protection referred to in section 9;
Subject to this Act, the relief that the High Court may grant in an action under subsection (1) includes an injunction and the
action
“action” means a civil proceeding commenced by writ or in such other manner as may be prescribed by rules of court and includes a counterclaim;
High Court may impose such terms on the grant of the injunction as the High Court considers fit.
In addition to the injunction granted under subsection (2), the High Court may, subject to this Act, make an order for damages or an account of profits or such other relief as the High Court considers fit.
If, in an action for an infringement of rights in a protected layout-design, it is established that an infringement was committed but that at the time of the infringement the defendant was not aware or had no reasonable grounds for suspecting that the act constituting the infringement was an infringement, the plaintiff
protected layout-design
“protected layout-design” means a layout-design that is protected under section 5;
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shall not be entitled to any damages against the defendant in respect of the infringement but shall be entitled to an account of profits in respect of the infringement, whether any other relief is granted or not.
In any action in which damages may be awarded, the High
Court may, having regard to all of the circumstances of the case including the flagrancy of the infringement and any benefit shown to have accrued to the defendant by reason of the infringement, award additional damages.