||Title:||LAYOUT-DESIGN (TOPOGRAPHY) OF INTEGRATED CIRCUITS ORDINANCE||Gazette Number:|
|Section:||13||Heading:||Groundless threat of proceedings||Version Date:||30/06/1997|
(1) Where a person, by means of circulars, advertisements or otherwise, threatens another person with proceedings in respect of an infringement of a right under this Ordinance, then, whether or not the person making the threat is a qualified owner, the court may, on the application of a person aggrieved, do one or more of the following-
(2) The court shall not make any order under subsection (1) if the defendant satisfies the court that the acts in respect of which the proceeding was threatened constituted, or would constitute, an infringement of a qualified owner's right under this Ordinance.
(a) declare that the threat is unjustified;
(b) grant an injunction against the continuance of the threat;
(c) award compensation for damage sustained.
(3) The mere notification of the existence of a right under this Ordinance does not constitute a threat of a proceeding for the purposes of subsection (1).
(4) An application may not be brought under this section where the threat is to bring a proceeding for an infringement that is alleged to consist of making or importing anything.