Layout Design Order, 1999 · As enacted · Part IV · Remedies for Infringement
Section 23
Official textFrom Attorney General's Chambers, unchanged
A court may, on the application of the owner of layout design rights in an eligible layout design, if it is satisfied that those rights have been infringed, make an order-
{a} for the payment of damages against the person by whom they were infringed;
requiring an account of profits to be taken as between the owner of the rights and the person by whom they were infringed;
{c) for the delivery up of any article which has been or is to be predominantly used to make an integrated circuit in which an eligible layout design is incorporated; and
{d)
that any article delivered up under paragraph {c) be forfeited to the eligible owner, destroyed or disposed of as it may direct.
The rights of an owner in an eligible layout design are not infringed by a person who commercially exploits, or authorises the commercial exploitation of
eligible layout design
"eligible layout design" means an original layout design - (a} the maker or, in relation to a jointly-made layout design, any one or more of the makers, of which was, at the time that layout design was made, an eligible person; or {b) that was first commercially exploited in Brunei Darussalam or in a qualifying country;
{a} a copy of that eligible layout design;
{b) an unauthorised integrated circuit, being an integrated circuit in w hic.h that eligible layout design is incorporated; or
integrated circuit
"integrated circuit" means a circuit, in its fmal 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 or on a piece of material and that is intended to perform an electronic function;
{c) an article containing such an integrated circuit, if, at the time when he acquired that copy, integrated circuit or article, he did not know and could not reasonably be expected to have known that the copy pr integrated circuit was unauthorised or that the article contained an unauthorised integrated circuit.
The court may, in proceedings under subsection (1), having regard to all the circumstances including -
{a} the flagrancy of the infringement; and
{b) any benefit accruing to the defendant by reason of the infringement,
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award such damages or additional damages as the justice of the case may require.
Terms defined in s 2
eligible layout design
Defined · s 2"eligible layout design" means an original layout design - (a} the maker or, in relation to a jointly-made layout design, any one or more of the makers, of which was, at the time that layout design was made, an eligible person; or {b) that was first commercially exploited in Brunei Darussalam or in a qualifying country;
integrated circuit
Defined · s 2"integrated circuit" means a circuit, in its fmal 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 or on a piece of material and that is intended to perform an electronic function;
layout design rights
Defined · s 2"layout design rights" means the exclusive rights specified in section 12 in relation to an eligible layout design;