Layout-Designs of Integrated Circuits Act 2000 · Updated to 1 Jan 2006 · Part III · Rights in Relation to Layout-Designs and Infringements
16. Order for disposal
Feedback & supportA right holder of a protected layout-design or a person ordered to deliver up an integrated circuit or article under section 15 may apply to the High Court for—
right holder
“right holder” means the person that is to be regarded as the beneficiary of the protection referred to in section 9;
an order for disposal; or
a decision that no order for disposal be made.
An order for disposal may order that the integrated circuit or article delivered up under section 15—
integrated circuit
“integrated circuit” means a product, whether in its final form or in an intermediate form, in which the elements, at least one of which is an active element, and some or all of the interconnections are integrally formed in and on, or in or on, a piece of material and which is intended to perform an electronic function;
be forfeited to the right holder; or
be destroyed or disposed of as the High Court may specify.
In deciding what order or decision to make under subsection
, the High Court shall have regard to whether the other remedies available to the applicant would be adequate to compensate the applicant and protect the interests of the applicant.
The High Court shall issue directions as to the service of a notice of the application under this section on persons having an interest in the integrated circuit or article delivered up under section 15.
Any person having an interest in the integrated circuit or article delivered up under section 15 shall be entitled to—
appear in the proceedings under this section, whether or not the person is served with a notice; and
appeal against any order made, whether or not that person appears in the proceedings under this section.
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An order made under this section shall not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal.
If there is more than one person interested in the integrated circuit or article delivered up under section 15, the High Court may direct that the integrated circuit or article be sold or dealt with in any other manner and the proceeds divided and shall make any other order as it considers fit.
If the High Court decides that no order should be made under this section, the person in whose possession, custody or control the integrated circuit or article was before being delivered up under section 15 shall be entitled to its return and the High
Court may, on the application of that person or any person aggrieved by an order to deliver up made under section 15, make an order awarding compensation for any damage sustained by virtue of the delivery up.
Nothing in this section shall render an advocate and solicitor liable to pay compensation for any damage sustained in respect of an act done by him in his professional capacity on behalf of a client.