Industrial Designs Act, 2001
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Chapter 9 Rights and Remedies of Exclusive Licensees | ||
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Rights and remedies of exclusive licensees. |
63.—(1) An exclusive licensee has, except as against the registered proprietor, the same rights and remedies in respect of matters occurring after the grant of the licence as if the licence had been an assignment, from the date on which an application is made for registration of his or her interest under subsection (1) of section 41 . | |
(2) The rights and remedies of an exclusive licensee shall be concurrent with those of the registered proprietor and references to the registered proprietor in the provisions of this Act relating to infringement shall be construed accordingly. | ||
(3) In an action brought by an exclusive licensee under this section, a defendant may avail himself or herself of any defence which would have been available to him or her if the action had been brought by the registered proprietor. | ||
(4) In awarding damages in any proceedings taken by an exclusive licensee by virtue of this section, the appropriate court may take into consideration only the losses suffered or likely to be suffered by the exclusive licensee as a result of the infringement. |