Layout Design Order, 1999 · As enacted · Part IV · Remedies for Infringement
Section 36
Official textFrom Attorney General's Chambers, unchanged
Where by an agreement made in relation to future layout design rights and entered into by or on behalf of the person who would, apart from this section, be the owner of the rights on their coming into existence, that person purports to assign the future layout design rights, whether wholly or partly, to another person, then if, on those rights coming into existence, the assignee or any person claiming under him would be entitled as against all other persons to require the rights to be vested in him, those rights shall vest in the assignee or his successor in title.
layout design rights
"layout design rights" means the exclusive rights specified in section 12 in relation to an eligible layout design;
Where, at the time when layout design rights come into existence, the person who would be entitled to them is dead, they shall devolve as if, immediately before his death, he had been the owner of those rights.
A licence granted in respect of future layout design rights by the prospective owner of those rights binds each of his successors in title to the prospective interest in the rights to the same extent as the licence was binding on the grantor.
prospective owner
"prospective owner" means - {aJ in relation to future layout design rights that are not the subject of an agreement of the kind referred to in subsection jl) of section 36, the person who will be the owner of those rights when they come into existence; or (bJ in relation to future layout design rights that are the subject of such an agreement, the person in whom those rights will vest under that subsection when they come into existence;
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;
prospective owner
Defined · s 2"prospective owner" means - {aJ in relation to future layout design rights that are not the subject of an agreement of the kind referred to in subsection jl) of section 36, the person who will be the owner of those rights when they come into existence; or (bJ in relation to future layout design rights that are the subject of such an agreement, the person in whom those rights will vest under that subsection when they come into existence;