Layout-Designs of Integrated Circuits Act 1999 · 2020 Revised Edition · Part 4 · Dealings with a Layout-Design Right
21. Exercise of concurrent rights
Feedback & supportLast amended by an amending law of 2021. 2 amendments in all.
Where the qualified owner of a right in a layout‑design or an exclusive licensee brings proceedings for any infringement of a layout‑design in respect of which the owner and the exclusive licensee have concurrent rights of action, the owner or the exclusive licensee (as the case may be) need not —
qualified owner
“qualified owner” means —(a)a qualified person who, under section 6(1), is the owner of a layout‑design; or(b)a person who, under section 6(1), is the owner of a layout‑design which was not commercially exploited anywhere else in the world before it was commercially exploited in Singapore or in a qualifying country,and includes a person, whether or not a qualified person, who is a successor in title to a qualified owner of the layout‑design;
join the other as a claimant; or
add the other as a defendant,unless the Court otherwise orders.
A qualified owner must, 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.
layout-design
“layout-design” means the 3-dimensional disposition, however expressed, of the elements of an integrated circuit (at least one of which is an active element), and of some or all of the interconnections of an integrated circuit, or such a 3‑dimensional disposition prepared for an integrated circuit intended for manufacture;
The Court may, on the application of the exclusive licensee, make a delivery up order that the Court considers just having regard to the terms of the licence.
A qualified owner or exclusive licensee who is added as a defendant under subsection (1) is not liable for costs in the proceedings unless he or she takes part in the proceedings.
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, in assessing damages, is to 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;
if an account of profits is directed, the Court is to apportion the profits between them as the Court considers just, subject to any agreement between them; and
if an award of damages has been made or an account of profits has been directed in favour of either of them, the Court may not direct that an account of profits be made in favour of the other in respect of the infringement.
Subsection (5) applies whether or not the qualified owner and the exclusive licensee are both parties to the proceedings.