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

9. Order for disposal
(1) An application may be made to the court for—
(a) an order that the integrated circuit or the thing delivered up under section 8 be forfeited to the qualified owner, destroyed or disposed of as it 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 shall consider whether other remedies available to the qualified owner would be adequate to compensate or protect his interest.
(3) Where there is more than one person who is an owner of the layout-design (topography), the court may make whatever order it considers appropriate under subsection (1) in order to do justice between the owners and it may, in particular, direct that the integrated circuit or the thing referred to in section 8(1)(b) be disposed of and the proceeds be divided among the owners as the court directs.
(4) 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 the thing was before being delivered up is entitled to its return.

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

10. Innocent infringement
(1) It is a defence in a proceeding to enforce a qualified owner’s rights under this Ordinance for a person who commercially exploits a protected layout-design (topography), an integrated circuit in which a protected layout-design (topography) is incorporated or an article that contains an integrated circuit in which a protected layout-design (topography) is incorporated to prove that he did not know, and had no reasonable grounds to know, when he acquired the layout-design (topography), integrated circuit or article that it was a protected layout-design (topography), that the integrated circuit incorporated a protected layout-design (topography) or that the article contained an integrated circuit in which a protected layout-design (topography) is incorporated.
(2) Where a person referred to in subsection (1) has become aware that the layout-design (topography) is a protected layout-design (topography), that the integrated circuit incorporates a protected layout-design (topography) or that the article contains an integrated circuit in which a protected layout-design (topography) is incorporated he may commercially exploit the protected layout-design (topography), the integrated circuit in which the protected layout-design (topography) is incorporated or the article that contains the integrated circuit in which the layout-design (topography) is incorporated but he is liable to pay to the qualified owner an amount of royalty that would be payable under a freely negotiated licence for the layout-design (topography).
(3) The right to commercially exploit under subsection (2) applies only to a protected layout-design (topography), integrated circuit or article that came into the possession, custody or control of or was ordered by the person before he became aware that the layout-design (topography) is a protected layout-design (topography), that the integrated circuit incorporated a protected layout-design (topography) or that the article contained an integrated circuit in which a protected layout-design (topography) is incorporated.

11. Presumption of protection and ownership
In a proceeding to enforce a qualified owner’s rights under this Ordinance it shall be presumed, unless a defendant puts the matter in issue, that in respect of the layout-design (topography) that is the subject-matter of the proceedings—
(a) the plaintiff is a qualified owner of the layout-design (topography); and
(b) the layout-design (topography) is a protected layout-design (topography).

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

12. Affidavit evidence
(1) In a proceeding to enforce a qualified owner’s rights under this Ordinance evidence may be submitted by affidavit asserting facts relevant to show that—
(a) the plaintiff is a qualified owner of the layout-design (topography); and
(b) the layout-design (topography) is a protected layout-design (topography).
(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 shall exclude the admission of the affidavit without the appearance of the deponent.

13. Groundless threat of proceedings
(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 Ordinance, 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 shall 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 Ordinance.
(3) The mere notification of the existence of a right under this Ordinance 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.

14. Assignments and licences of layout-design (topography)
(1) A right in a layout-design (topography) is movable property and is therefore transmissible by any means by which such property may be lawfully transmitted including assignment, licence, testamentary instrument and operation of law.
(2) An assignment or transmission may be total or partial.
(3) An assignment is ineffective unless it is in writing and signed by or on behalf of the assignor.
(4) A licence granted in respect of a layout-design (topography) right by a qualified owner binds each successor in title to his interest in the right, except a purchaser in good faith for value without notice (actual or constructive) of the licence and a person who derives title from the purchaser.

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

15. Prospective ownership of layout-design (topography)
(1) Where, by an agreement made in relation to a future right in a layout-design (topography) that is signed by or on behalf of the person who would be the owner of the right on its coming into existence, the person purports to assign the future right in the layout-design (topography), wholly or partially, to an assignee, the right, on coming into existence, vests in the assignee or his successor in title.
(2) A licence granted in respect of a future layout-design (topography) right by a prospective qualified owner binds each successor in title to his interest (or prospective interest) in the right, except a purchaser in good faith for value without notice (actual or constructive) of the licence and a person who derives title from the purchaser.

16. Exclusive licence
(1) An exclusive licensee has the same rights against a successor in title to the qualified owner as he has against the grantor of the licence.
(2) An exclusive licensee has, except against the qualified owner, the same rights and remedies in respect of matters occurring after the grant of the exclusive licence as if the licence had been an assignment.
(3) An exclusive licensee’s rights and remedies are concurrent with those of the qualified owner.
(4) In a proceeding brought by an exclusive licensee a defendant may avail himself of any defence that would have been available to him if the proceeding had been brought by the qualified owner.