Singapore legislation
Clause 21
Clause 21
Exercise of concurrent rights
(1)
Where any proceedings for infringement of a qualified owner’s right in a layout-design is brought by a qualified owner or an exclusive licensee and the proceedings relate wholly or partly to an infringement in respect of which they have concurrent rights of action, neither of them, without leave of the Court, may continue with the proceedings unless the other is joined as a plaintiff or added as a defendant.
(2)
A qualified owner shall, by post or otherwise, notify any exclusive licensee who has concurrent rights of action in respect of an infringement of a layout-design before applying for an order for delivery up under section 13, and the 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.
(3)
Subsection (1) shall not apply to an application by a qualified owner or exclusive licensee for interlocutory relief.
(4)
A qualified owner or exclusive licensee who is added as a defendant pursuant to subsection (1) is not liable for costs in the proceedings unless he takes part in the proceedings.
(5)
Where any proceedings for infringement of a qualified owner’s right in a layout-design is brought and the proceedings relate wholly or partly to an infringement in respect of which a qualified owner and an exclusive licensee have concurrent rights of action —
the 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 Court shall, if an account of profits is directed, apportion the profits between them as the Court considers just, subject to any agreement between them; and
the Court shall not, if an award of damages has been made or an account of profits has been directed in favour of either of them, direct that an account of profits be made in favour of the other in respect of the infringement.
(6)
Subsection (5) shall apply whether or not the qualified owner and the exclusive licensee are both parties to the proceedings.