DEALINGS WITH A LAYOUT-DESIGN RIGHT
—(1) A right in a layout-design is movable property and is transmissible by any means by which such property may be lawfully transmitted including assignment, licence, testamentary instrument and operation of law.
(2) An assignment or transmission may be total or partial.
(3) An assignment is ineffective unless it is in writing and signed by or on behalf of the assignor.
(4) A licence granted in respect of a layout-design right by a qualified owner binds each successor in title to his interest in the right, except a purchaser in good faith for value without notice (actual or constructive) of the licence and a person who derives title from the purchaser.
—(1) Where, by an agreement made in relation to a future right in a layout-design that is signed by or on behalf of the person who would be the owner of the right on its coming into existence, the person purports to assign the future right in the layout-design, wholly or partially, to an assignee, the right, on coming into existence, vests in the assignee or his successor in title.
(2) Where, at the time when a layout-design right comes into existence, the person who would be entitled to the right is dead, the right devolves as if, immediately before the person’s death, the person had been the owner of the right.
(3) A licence granted in respect of a future layout-design right by a prospective qualified owner binds each successor in title to his interest (or prospective interest) in the right, except a purchaser in good faith for value without notice (actual or constructive) of the licence and a person who derives title from the purchaser.
—(1) An exclusive licensee has the same rights against a successor in title to the qualified owner as he has against the grantor of the licence.
(2) An exclusive licensee has, except against the qualified owner, the same rights and remedies in respect of matters occurring after the grant of the exclusive licence as if the licence had been an assignment.
(3) An exclusive licensee’s rights and remedies are concurrent with those of the qualified owner.
(4) In any proceedings brought by an exclusive licensee, a defendant may avail himself of any defence that would have been available to him if the proceedings had been brought by the qualified owner.
—(1) Where any proceedings for infringement of a qualified owner’s right in a layout-design is brought by a qualified owner or an exclusive licensee and the proceedings relate wholly or partly to an infringement in respect of which they have concurrent rights of action, neither of them, without leave of the Court, may continue with the proceedings unless the other is joined as a plaintiff or added as a defendant.
(2) A qualified owner shall, by post or otherwise, notify any exclusive licensee who has concurrent rights of action in respect of an infringement of a layout-design before applying for an order for delivery up under section 13.
(3) The Court may, on the application of the exclusive licensee, make a delivery up order that the Court considers just having regard to the terms of the licence.
(4) Subsection (1) shall not apply to an application by a qualified owner or exclusive licensee for interlocutory relief.
(5) A qualified owner or exclusive licensee who is added as a defendant under subsection (1) is not liable for costs in the proceedings unless he takes part in the proceedings.
(6) Where any proceedings for infringement of a qualified owner’s right in a layout-design is brought and the proceedings relate wholly or partly to an infringement in respect of which a qualified owner and an exclusive licensee have concurrent rights of action —
the Court shall, in assessing damages, take into account the terms of the licence and any pecuniary remedy previously awarded or available to either of them in respect of the infringement;
the Court shall, if an account of profits is directed, apportion the profits between them as the Court considers just, subject to any agreement between them; and
the Court shall not, if an award of damages has been made or an account of profits has been directed in favour of either of them, direct that an account of profits be made in favour of the other in respect of the infringement.
(7) Subsection (6) shall apply whether or not the qualified owner and the exclusive licensee are both parties to the proceedings.