Layout Design Order, 1999 · As enacted · Part IV · Remedies for Infringement
Section 29
Official textFrom Attorney General's Chambers, unchanged
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
layout design rights
"layout design rights" means the exclusive rights specified in section 12 in relation to an eligible layout design;
(a} if the plaintiff is the exclusive licensee, take into account any royalties and other similar liabilities to which the licence is subject; and
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.
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.
other party
"other party", in sections 29, 31 and 32, has the meaning set out in subsection j2) of section 29;
Terms defined in s 2
layout design rights
Defined · s 2"layout design rights" means the exclusive rights specified in section 12 in relation to an eligible layout design;
other party
Defined · s 2"other party", in sections 29, 31 and 32, has the meaning set out in subsection j2) of section 29;