On 20/05/2013,
you requested for the version in force on 20/05/2013
incorporating all amendments published on or before 20/05/2013.
The closest version currently available is that of 02/02/1999.
PART V
COMPULSORY LICENSING
22. Where an exclusive licence is in force in relation to any layout-design rights, the provisions of this Part shall apply as if references to the qualified owner of the layout-design rights were references to the exclusive licensee.
23.
—(1) An act done by the Government, or by a person authorised in writing by the Government, in relation to a protected layout-design is not an infringement of the rights of the qualified owner in the layout-design if the act is done for a public non-commercial purpose.
(2) An authorisation referred to in subsection (1) may be given before or after the acts in respect of which it is given have been done.
(3) Without prejudice to the generality of the expression “public non-commercial purpose”, an act is done for a public non-commercial purpose if it is done —
(a)
for the defence or national security of Singapore; or
(b)
to assist in the exercise of powers and the implementation of civil defence measures during a state of emergency or state of civil defence emergency under the Civil Defence Act (Cap. 42).
24.
—(1) The right to do an act in relation to a protected layout-design pursuant to section 23 —
(a)
is both non-exclusive and non-assignable;
(b)
is limited to a public non-commercial purpose;
(c)
is subject to the terms of any authorisation referred to in that section;
(d)
does not permit the sale of the layout-design a copy of the layout-design, or an integrated circuit in which the layout-design is incorporated (whether or not the integrated circuit is contained in another article) to the public; and
(e)
is limited to the doing of the act predominantly in Singapore.
(2) An act done under section 23 in relation to a protected layout-design is not to be taken into account in calculating the duration of protection of the layout-design referred to in section 7.
25.
—(1) Where an act has been done under section 23 in relation to a protected layout-design, the Government shall —
(a)
if the act had been done in situations of national emergency or other circumstances of extreme urgency, as soon as reasonably practicable inform the qualified owner that the act has been done; or
(b)
in any other case, inform the qualified owner promptly that the act had been done.
(2) The Government shall give to the qualified owner such information about the act as the qualified owner from time to time requires.
(3) Nothing in subsection (1) or (2) requires the Government to inform the qualified owner or disclose information to the qualified owner if doing so would or might reasonably be expected to prejudice the defence or security of Singapore.
26. Where an act is done under section 23 in relation to a protected layout-design, the Government shall pay such remuneration to the qualified owner of the protected layout-design —
(a)
as is agreed;
(b)
as is determined by a method agreed between the Government and the qualified owner; or
(c)
in default of agreement, as is determined by the Court on the application of either of them.
27.
—(1) A person who claims that he requires a licence to do any act referred to in section 8 in relation to a protected layout-design may apply to the Court for the grant of a licence upon the ground that the grant of the licence is necessary to remedy an anti-competitive practice.
(2) If the Court is satisfied that the ground referred to in subsection (1) is established, the Court may make an order for the grant of a licence in accordance with the application upon such terms as the Court thinks fit.
(3) The Court shall specify in the order such remuneration to be paid to the qualified owner for the licence as the Court considers reasonable.
28.
—(1) A licence granted under section 27 is —
(a)
both non-exclusive and non-assignable;
(b)
subject to the payment to the qualified owner of the remuneration specified in the Court order under section 27(3).
(2) An act done pursuant to a licence granted under section 27 in relation to a protected layout-design is not to be taken into account in calculating the duration of protection of the layout-design referred to in section 7.
29. Any licence granted under section 27 may, on the application of any interested party, be terminated by the Court where the Court is satisfied that the ground upon which the licence was granted ceased to exist.