Layout-Designs of Integrated Circuits Act 1999 · 2020 Revised Edition · Part 3 · Layout-Design Rights and Infringement Action
14. Order for disposal
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An application may be made to the Court for —
an order that the integrated circuit or article delivered up under section 13 be forfeited to the qualified owner, destroyed or disposed of as the Court specifies; or
a decision that no order be made under paragraph (a).
In deciding what order or decision to make under subsection (1), the Court is to have regard to whether other remedies available to the claimant would be adequate to compensate the claimant and protect the interests of the claimant.
The Court is to issue directions as to the service of notice on persons having an interest in the integrated circuit or article delivered up.
integrated circuit
“integrated circuit” means a product, in its final form or 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;
Any person having an interest in the integrated circuit or article delivered up is entitled —
to appear in proceedings for an order under this section, whether or not the person is served with notice; and
to appeal against any order made, whether or not that person appears in the proceedings.
An order made under this section does 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.
Where there is more than one person interested in the integrated circuit or article delivered up, the Court may direct that the integrated circuit or article be sold, or otherwise dealt with, and the proceeds divided, and may make any other order as it thinks fit.
If the 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 is entitled to its return.