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Rights of qualified owner
8. A qualified owner has the following rights:(a) to copy, and to authorise the copying of, all or part of the qualified owner’s protected layout‑design, whether by incorporation into an integrated circuit or otherwise; (b) to commercially exploit, and to authorise the commercial exploitation of, the qualified owner’s protected layout‑design.
Infringement
9. Subject to the provisions of this Act, it is an infringement of a qualified owner’s right in a protected layout‑design for any person to do any of the acts referred to in section 8 without the consent of the qualified owner.
Non-infringing acts
10. It is not an infringement of a qualified owner’s right in a protected layout‑design —(a) if the copying is of any part of a protected layout‑design that does not comply with the requirement of originality referred to in section 5(1); (b) if the copying is done for a private purpose and not for the purpose of commercial exploitation; (c) if the copying is done for the sole purpose of evaluation, analysis, research or teaching; (d) to use the results of such evaluation, analysis or research to create a different layout‑design that complies with the requirement of originality referred to in section 5(1); (e) to do any of the acts referred to in section 8 in respect of the layout‑design referred to in paragraph (d); (f) for a qualified owner of another protected layout‑design —(i) that is identical to the firstmentioned protected layout‑design; and (ii) that is independently created, to do any of the acts referred to in section 8 in respect of that other layout‑design; or (g) to commercially exploit a copy of the protected layout‑design, an integrated circuit in which the layout‑design is incorporated or an article that contains an integrated circuit in which the layout‑design is incorporated after the copy, integrated circuit or article has been commercially exploited, whether in Singapore or elsewhere, by, or with the consent of, the qualified owner.
Innocent infringement
11.—(1) The rights of a qualified owner in a protected layout‑design are not infringed by a person who commercially exploits, or authorises the commercial exploitation of —(a) a copy of the protected layout-design; (b) an unauthorised integrated circuit, being an integrated circuit in which the protected layout‑design is incorporated; or (c) an article that contains such an integrated circuit, if, at the time when the person acquired the copy, integrated circuit or article, the person did not know, and could not be reasonably expected to have known, that the copy was unauthorised, the integrated circuit was unauthorised or that the article contained an unauthorised integrated circuit, as the case may be. (2) Where a person referred to in subsection (1) becomes aware or could reasonably be expected to become aware that the copy was unauthorised, the integrated circuit was unauthorised or that the article contains an unauthorised integrated circuit (as the case may be) that subsection continues to apply to any subsequent commercial exploitation of the copy, integrated circuit or article if and only if the person pays to the qualified owner such remuneration —(a) as is agreed; (b) as is determined by a method agreed between the person and the qualified owner; or (c) in default of agreement, as is determined by the Court on an application made by either of them. (3) In this section —(a) a copy of a protected layout-design is unauthorised if it is made without the consent of the qualified owner of the layout‑design; and (b) an integrated circuit which incorporates a protected layout‑design is unauthorised if such incorporation is done without the consent of the qualified owner of the layout‑design.
Remedies for infringement
12.—(1) A qualified owner may take whatever proceedings and seek whatever remedy by way of damages, injunctions, accounts or otherwise with respect to an infringement of the qualified owner’s rights in a protected layout‑design as are available with respect to any other property rights. (2) In any proceedings in which damages may be awarded, the Court may, having regard to all of the circumstances of the case including the flagrancy of the infringement and any benefit accruing to the defendant by reason of the infringement, award additional damages.
Order for delivery up
13.—(1) Where a person has in the person’s possession, custody or control —(a) for commercial exploitation purposes an integrated circuit in which a protected layout‑design is incorporated; or (b) any article which the person knows or has reason to believe has been or is to be predominantly used to make integrated circuits in which a protected layout‑design is incorporated, a qualified owner of the protected layout‑design may apply to the Court for an order that the integrated circuit or article referred to in paragraph (b) be delivered to the qualified owner or to another person that the Court specifies. (2) The Court may not make an order for delivery up unless it also makes, or it appears to the Court that there are grounds for making, an order under section 14. (3) A person to whom an integrated circuit or an article referred to in subsection (1)(b) is delivered up must, if an order under section 14 is not made at the time of the order under this section, retain the integrated circuit or article pending the making of an order, or a decision not to make an order, under section 14.
Order for disposal
14.—(1) An application may be made to the Court for —(a) an order that the integrated circuit or article delivered up under section 13 be forfeited to the qualified owner, destroyed or disposed of as the Court specifies; or (b) a decision that no order be made under paragraph (a). (2) In deciding what order or decision to make under subsection (1), the Court is to have regard to whether other remedies available to the claimant would be adequate to compensate the claimant and protect the interests of the claimant.[Act 25 of 2021 wef 01/04/2022] (3) The Court is to issue directions as to the service of notice on persons having an interest in the integrated circuit or article delivered up. (4) Any person having an interest in the integrated circuit or article delivered up is entitled —(a) to appear in proceedings for an order under this section, whether or not the person is served with notice; and (b) to appeal against any order made, whether or not that person appears in the proceedings. (5) An order made under this section does not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal. (6) Where there is more than one person interested in the integrated circuit or article delivered up, the Court may direct that the integrated circuit or article be sold, or otherwise dealt with, and the proceeds divided, and may make any other order as it thinks fit. (7) If the Court decides that no order should be made under this section, the person in whose possession, custody or control the integrated circuit or article was before being delivered up is entitled to its return.
Presumption of protection and ownership
15. In any proceedings to enforce a qualified owner’s rights under this Part, it is presumed, unless a defendant puts the matter in issue, that in respect of the layout‑design that is the subject matter of the proceedings —(a) the claimant is a qualified owner of the layout‑design; and[Act 25 of 2021 wef 01/04/2022] (b) the layout-design is a protected layout‑design.
Affidavit evidence
16.—(1) In any proceedings to enforce a qualified owner’s rights under this Part, evidence may be submitted by affidavit asserting facts relevant to show that —(a) the claimant is a qualified owner of the layout‑design; and[Act 25 of 2021 wef 01/04/2022] (b) the layout-design is a protected layout‑design. (2) Where the Court considers, on the application of a party, that the deponent to an affidavit should be available to be cross‑examined with respect to matters asserted in the affidavit, it is to exclude the admission of the affidavit without the appearance of the deponent.
Groundless threat of infringement proceedings
17.—(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 Part, 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:(a) declare that the threat is unjustified; (b) grant an injunction against the continuance of the threat; (c) award compensation for damage sustained. (2) The Court may 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 Part. (3) The mere notification of the existence of a right under this Part 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. (5) Nothing in this section renders an advocate and solicitor liable to an action under this section in respect of an act done by him or her in his or her professional capacity on behalf of a client.
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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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