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Chapter: | 445
 | Title: | LAYOUT-DESIGN (TOPOGRAPHY) OF INTEGRATED CIRCUITS ORDINANCE | Gazette Number: | |
| Section: | 22 | Heading: | Compensation for loss of profit due to Government use | Version Date: | 30/06/1997 |
(1) Where Government use is made of a protected layout-design (topography) the Government shall pay-
- (a) to the qualified owner; or
(b) if there is an exclusive licence in respect of the protected layout-design (topography), to the exclusive licensee,
(2) Compensation is payable only to the extent that a contract could have been fulfilled from the qualified owner's or exclusive licensee's existing production capacity, but is payable despite the existence of circumstances that would render him ineligible for the award of such a contract.
(3) In determining the loss, regard shall be had to the profit which would have been made on such a contract and to the extent to which any production capacity was under-used.
(4) No compensation is payable in respect of any failure to secure contracts for the supply of integrated circuits in which the protected layout-design (topography) is incorporated, otherwise than for the services of the Government.
(5) The amount payable is in addition to any amount payable under section 20 or 21.
(6) The amount payable shall be determined by the court if it is not agreed between the qualified owner or exclusive licensee and the Government.
(Enacted 1994)