### Layout-design (Topography) of Integrated Circuits Ordinance 《集成電路的布圖設計(拓樸圖)條例》

17. Exercise of concurrent rights
(1) Where a proceeding for infringement of a qualified owner’s right in a layout-design (topography) is brought by a qualified owner or an exclusive licensee and the proceeding relates wholly or partly to an infringement in respect of which they have concurrent rights of action, neither of them, without leave of the court, may continue with the proceeding unless the other is joined as a plaintiff or added as a defendant.
(2) A qualified owner shall, by post or otherwise, notify any exclusive licensee who has concurrent rights of action in respect of an infringement of a layout-design (topography) before applying for an order for delivery up under section 8, and the court may on the application of the licensee make a delivery up order that it considers just having regard to the terms of the licence.
(3) Subsection (1) does not apply to an application by a qualified owner or exclusive licensee for interlocutory relief.
(4) A qualified owner or exclusive licensee who is added as a defendant pursuant to subsection (1) is not liable for costs in the proceeding unless he takes part in the proceeding.
(5) Where a proceeding for infringement of a qualified owner’s right in a layout-design (topography) is brought and the proceeding relates wholly or partly to an infringement in respect of which a qualified owner and an exclusive licensee have concurrent rights of action—
(a) the court shall, in assessing damages, take into account the terms of the licence and any pecuniary remedy previously awarded or available to either of them in respect of the infringement;
(b) the court shall, if an account of profits is directed, apportion the profits between them as the court considers just, subject to any agreement between them; and
(c) the court shall not, if an award of damages has been made or an account of profits has been directed in favour of either of them, direct that an account of profits be made in favour of the other in respect of the infringement.
(6) Subsection (5) applies whether or not the qualified owner and the exclusive licensee are both parties to the proceeding.

18. Declaration of extreme urgency
The Chief Executive in Council may, for the purposes of applying sections 19 to 23, by regulation declare a period of extreme urgency whenever he considers it necessary or expedient— (Amended 22 of 1999 s. 3)
(a) for the maintenance of supplies and services essential to the life of the community; or
(b) for securing sufficient supplies and services essential to the life of the community.

### Layout-design (Topography) of Integrated Circuits Ordinance 《集成電路的布圖設計(拓樸圖)條例》

19. Government use of protected layout-designs (topographies)
(1) During a period of declared extreme urgency a public officer authorized in writing by the Chief Executive may without the consent of a qualified owner— (Amended 22 of 1999 s. 3)
(a) do anything for the purpose of acquiring protected layout-designs (topographies) for the non-exclusive use of the Government for use in Hong Kong; or
(b) dispose of protected layout-designs (topographies).
(2) A person who acquires from a public officer a protected layout-design (topography) disposed of under subsection (1) may deal with it in the same manner as if the Government were the owner of the protected layout-design (topography).

20. Terms for Government use
(1) Where Government use is made of a protected layout-design (topography) the Government shall, unless the identity or whereabouts of the qualified owner cannot be ascertained on reasonable inquiry, by post or otherwise, notify the qualified owner as soon as practicable and give him information from time to time if the situation changes as to the extent of the Government use of the protected layout-design (topography).
(2) Government use of the protected layout-design (topography) shall be on terms that are, either before or after the use, agreed to between the Government and the qualified owner or, where no agreement is reached, on terms determined by the court.

### Layout-design (Topography) of Integrated Circuits Ordinance 《集成電路的布圖設計(拓樸圖)條例》

21. Rights of third parties in case of Government use
(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.

### Layout-design (Topography) of Integrated Circuits Ordinance 《集成電路的布圖設計(拓樸圖)條例》

22. Compensation for loss of profit due to Government use
(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,
compensation for any loss resulting from his not being awarded a contract to supply integrated circuits in which the protected layout-design (topography) is incorporated.
(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.