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Chapter:

445 PDFTitle:LAYOUT-DESIGN (TOPOGRAPHY) OF INTEGRATED CIRCUITS ORDINANCEGazette Number:
Section:23Heading:Determination of matters by the courtVersion Date:30/06/1997

(1) A dispute as to any matter which is to be determined by the court under section 20, 21 or 22 may be referred to the court by application of any party to the dispute.
(2) In determining a dispute between the Government and any person as to the terms for Government use of the protected layout-design (topography), the court shall have regard to-

        (a) any money which that person or a person from whom he derives title has received or is entitled to receive, directly or indirectly, from the Government in respect of the protected layout-design (topography); and
        (b) whether that person or a person from whom he derives title has in the court's opinion, without reasonable cause, failed to comply with a request of the Government for the use of the protected layout-design (topography) on reasonable terms.
(3) One of 2 or more joint qualified owners of the protected layout-design (topography) may, with the agreement of the others, refer a dispute to the court under this section, but shall not do so unless the others are made parties, and none of those others is liable for any costs unless he takes part in the proceedings.
(4) Where the consent of an exclusive licensee is required by section 21(2)(a)(i), a determination by the court of the amount of any payment to be made for Government use is ineffective unless the licensee has been notified of the reference to the court and given an opportunity to be heard.
(5) On the reference of a dispute under section 21(2)(a)(ii) as to the portion recoverable, the court shall determine what is just having regard to any expenditure incurred by the licensee-
        (a) in developing the protected layout-design (topography); or
        (b) in making payments to the qualified owner in consideration of the licence (other than royalties or other payments determined by reference to the use of the protected layout-design (topography)).
(Enacted 1994)