326 No. 6 of 2016] Layout-designs of Integrated Circuits (2) In any proceedings in which damages may be awarded, the High 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 59. (1) Where a person has in the person’s possession, custody or control— (a) for commercial exploitation, 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 High 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) A qualified owner shall, by post or otherwise, notify a registered user who has a concurrent right of action in respect of an infringement of a layout-design before applying for an order for delivery up in accordance with subsection (1). (3) The High Court may, on the application of an exclusive assignee or exclusive licensee, make an order for delivery up which the Court considers just, having regard to the terms of the assignment or licence. (4) The High Court shall 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 in accordance with section sixty. (5) A person to whom an integrated circuit or an article, referred to in paragraph (b) of subsection (1), is delivered up shall retain the integrated circuit or article pending the making of an order, or a decision not to make an order, in accordance with section sixty. Order for forfeiture, destruction and disposal 60. (1) An application may be made to the High Court for— (a) an order that the integrated circuit or article delivered up, in accordance with section fifty-nine, be forfeited to the qualified owner, destroyed or disposed of as the Court considers appropriate, in accordance with laws relating to public health and the environment; or (b) a decision that no order be made under subsection (a).