Contents of Section

Chapter:

445 PDFTitle:LAYOUT-DESIGN (TOPOGRAPHY) OF INTEGRATED CIRCUITS ORDINANCEGazette Number:
Section:21Heading:Rights of third parties in case of Government useVersion Date:30/06/1997

(1) The provisions of a licence, assignment or agreement made between a qualified owner (or any person deriving title from him or from whom he derives title) and any person other than the Government are of no effect in relation to Government use of the qualified owner's protected layout-design (topography) so far as the provisions-

        (a) restrict or regulate anything done in relation to the protected layout-design (topography); or
        (b) provide for the making of payments in respect of the use or calculated by reference to the use.
(2) Where an exclusive licence is in force in respect of the protected layout-design (topography)-
        (a) if the licence was granted for royalties (including any benefit determined by reference to the use of the protected layout-design (topography))-
          (i) any agreement between the qualified owner and the Government under section 20 requires the consent of the licensee; and
          (ii) the licensee is entitled to recover from the qualified owner whatever portion of the payment for Government use under section 20 as they have agreed or, in the absence of an agreement, as determined by the court; and
        (b) if the licence was granted otherwise than for royalties-
          (i) section 20 applies in relation to anything done which but for subsection (1) and section 19 would be an infringement of the rights of the licensee, with the substitution in those provisions of references to the qualified owner with references to the licensee; and
          (ii) section 20 does not apply in relation to anything done by the licensee by virtue of an authority given under section 19.
(3) Where the protected layout-design (topography) has been assigned to the qualified owner for royalties, section 20 applies in relation to Government use of the protected layout-design (topography) as if the references to the qualified owner included the assignor, and any payment for Government use under section 20 shall be divided between them in whatever proportion they have agreed or, in the absence of an agreement, as determined by the court.
(Enacted 1994)