Layout-Designs of Integrated Circuits Act 2000 · Updated to 1 Jan 2006 · Part IV · Dealings with Layout-Design Rights
22. Exercise of concurrent rights
Feedback & supportIf an action for the infringement of a right holder’s right in a protected layout-design is brought by the right holder or by the exclusive licensee under Part III and the action relates, wholly or partly, to an infringement in respect of which the right holder and the exclusive licensee have concurrent rights of action under that Part, neither the right holder nor the exclusive licensee, as the case may be, shall be entitled, except with the leave of the High
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;
Court, to proceed with the action in so far as it relates to that infringement unless the other party is either joined as a plaintiff in the action or added as a defendant.
Subsection (1) shall not apply to an application by a right holder or an exclusive licensee for interlocutory relief.
right holder
“right holder” means the person that is to be regarded as the beneficiary of the protection referred to in section 9;
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.
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—
protected layout-design
“protected layout-design” means a layout-design that is protected under section 5;
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;
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;
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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
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.
Subsection (4) shall apply whether or not the right holder and the exclusive licensee are both parties to the action.
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.