328 No. 6 of 2016] Layout-designs of Integrated Circuits (2) Where the High 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. Groundless threat of infringement proceedings 63. (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, whether or not the person making the threat is a qualified owner, the High Court may, on the application of a person aggrieved, do any of the following: (a) declare that the threat is unjustified; (b) grant an injunction against the continuance of the threat; or (c) award compensation for any damage sustained. (2) The High Court shall not make any order, as specified in 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, as specified in this Part, shall 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 shall render a legal practitioner liable to an action under this section in respect of an act done by the legal practitioner in a professional capacity on behalf of a client. Proceedings before Registrar PART VI GENERAL AND ENFORCEMENT PROVISIONS 64. (1) The Registrar has the power to hold proceedings for purposes of an opposition to Registration under section seventeen. (2) Subject to this Act, evidence in any proceedings before the Registrar shall be given by affidavit, except that the Registrar may, if the Registrar considers it appropriate in any particular case, take oral evidence on oath in lieu of, or in addition to, the evidence given by affidavit and may allow a witness to be cross-examined on the affidavit or oral evidence.