Layout Design Order, 1999 · s 29

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s 29

(1)

Where, in proceedings to which section 27 applies, the owner of the layout design rights and the exclusive licensee are not both plaintiffs, the court, in assessing damages in respect of the infringement, shall

(a} if the plaintiff is the exclusive licensee, take into account any royalties and other similar liabilities to which the licence is subject; and

(b)

whether the plaintiff is the owner of the layout design rights or the exclusive licensee, take into account any pecuniary remedy already awarded to the other party under section 23 in respect of that infringement or any right of action exercisable by the other party under that section in respect of that infringement.

(2)

In this section and in sections 31 and 32, the expression

"the other party", in relation to the owner of layout design rights, means the exclusive licensee and, in relation to the exclusive licensee, means the owner of the layout design rights.