Layout Design Order, 1999 · s 38

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s 38

(1)

Subject to subsection (2), where a person has commenced proceedings alleging an infringement of layout design rights in an eligible layout design, the court may, on the application of any person against whom such proceedings are brought, if it is satisfied that they were unjustified -

(a)

make an order striking out the proceedings; and

(b}

make an order for the payment of damages for any loss suffered by the person against whom the proceedings were brought.

(2}

The court shall not grant relief under this section if the defendant proves that the acts in respect of which the proceedings 125

Assignments and licences of layout design rights.

Cap.

Groundless legal proceedings.

BRUNEI DARUSSALAM GOVERNMENT GAZETTE were brought constituted, or if done, would have constituted, an infringement of the layout design rights.