Layout-designs of Integrated Circuits (3) [No. 6 of 2016 325 In this section— (a) a reproduction of a protected layout-design is unauthorised if it is made without the consent of the qualified owner of the layout-design; or (b) an integrated circuit which incorporates a protected layoutdesign is unauthorised if such incorporation is done without the consent of the qualified owner of the layoutdesign. 57. (1) Where the qualified owner of a right in a layout-design, an exclusive assignee or licensee brings proceedings for any infringement of a layout-design in respect of which the qualified owner or registered user has concurrent rights of action, the qualified owner or registered user need not— (a) join the other as a plaintiff; or (b) add the other as a defendant; unless the High Court otherwise orders. Infringement proceedings where concurrent rights exist (2) A qualified owner or registered user who is added as a defendant, in accordance with subsection (1), shall not be liable for costs in the proceedings unless the qualified owner or registered user takes part in the proceedings. (3) Where any proceedings for infringement of a qualified owner’s right in a layout-design is brought and the proceedings relate wholly or partly to an infringement in respect of which a qualified owner and registered user have concurrent rights of action, the High Court shall— (a) in assessing damages, take into account the terms of the assignment or licence and any pecuniary remedy previously awarded or available to either of them in respect of the infringement; (b) if an account of profits is directed, apportion the profits between them as the High Court considers just, subject to any agreement between them; and (c) not, if an award of damages has been made or an account of profits has been ordered in favour of either of them, direct that an account of profits be made in favour of the other in respect of the infringement. 58. (1) A qualified owner may take proceedings and seek a remedy by way of damages, injunctions, delivery up, accounts or otherwise with respect to an infringement of the rights in a protected layout-design as are available with respect to other property rights. Remedies for infringement