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Part IV · Remedies for Infringement

Section 23

(1)

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;

(b)

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.

(2)

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

{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

{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.

(3)

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.

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