YH Collection of Laws for Electronic Access MAURITIUS (2) Where the grounds for cancellation are established with respect only to a part of the layout-design, only the corresponding part of the registration shall be cancelled. (3) The registration of any layout-design, or part thereof, which is cancelled, shall be regarded as null and void from the date of the commencement of protection. (4) The Registrar of the Tribunal shall notify the Controller of the decision of the Tribunal or the decision on any appeal therefrom and the Controller shall record and publish a reference thereto as soon as possible. Part IV Miscellaneous Representation 14. Where an applicant’s ordinary residence or principal place of business is outside Mauritius, he shall be represented by a legal practitioner resident and practising in Mauritius. Unfair Practice 15.—(1) Any act described under section 6(2) shall amount to an act of unfair practice and may give rise to a claim in damages. (2) On the request of the right holder, or of his licensee, if the latter has requested the right holder to institute court proceedings for a specific relief, and the right holder has refused or failed to do so within a reasonable time, the court may grant an injunction to prevent an unfair practice or an imminent unfair practice, award damages and grant any other remedy as it thinks fit. (3) Any claim in respect of an unfair practice shall be instituted in accordance with the provisions of the Protection Against Unfair Practices (Industrial Property Rights) Act 2002. (4) Any proceeding under subsection (2) may be initiated only after an application for registration of the layout-design has been filed with the Controller. Offences 16.—(1) Any person who, without authorization, knowingly performs any act which is unlawful under section 6(2) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 250,000 rupees and to imprisonment for a term not exceeding 5 years. (2) The court may also order the seizure, forfeiture and destruction of the layout-designs, integrated circuits or articles concerned and of any materials or implements, the predominant use of which has been in the commission of the offence. MU004EN Integrated Circuits, Act, 08/08/2002, No. 24 page 8/10

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