Industrial Designs Act, 2001
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Chapter 10 Rights and Remedies of Licensees | ||
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Rights and remedies of licensees. |
65.—(1) A licensee is entitled to invite the registered proprietor of a design to take infringement proceedings in respect of any matter which affects the licensee's interests, from the date on which application is made for registration of his or her interest under subsection (1) of section 41 . | |
(2) Where the registered proprietor— | ||
(a) refuses to take proceedings when called upon under subsection (1), or | ||
(b) fails to do so within 2 months after being so called upon, | ||
the licensee may bring the proceedings in his or her own name as if he or she were the registered proprietor. | ||
(3) Where infringement proceedings are brought by a licensee under this section, the licensee may not, without the leave of the appropriate court, proceed with the action unless the registered proprietor is either joined as a plaintiff or added as a defendant. | ||
(4) Subsection (3) shall not affect the granting of interlocutory relief on an application by a licensee alone. | ||
(5) A registered proprietor who is added as a defendant under subsection (3) shall not be liable for any costs in the action unless he or she takes part in the proceedings. | ||
(6) In infringement proceedings brought by the registered proprietor the appropriate court shall take into account any loss suffered by licensees. |