HC Deb 25 July 1988 vol 138 cc187-8

Amendments made: No. 172, in page 43, line 10, leave out This section does' and insert The above provisions do.

No. 171, in page 43, line 11, at end insert— '(4) Where an action for infringement of copyright is bought which relates (wholly or partly) to an infringement in respect of which the copyright owner and an exclusive licensee have or had concurrent rights of action—

  1. (a)the court shall in assessing damages take into account—
    1. (i) the terms of the licence, and
    2. (ii) any pecuniary remedy already awarded or available to either of them in respect of the infringement:
  2. (b)no account of profits shall be directed if an award of damages has been made, or an account of profits has been directed, in favour of the other of them in respect of the infringement; and
  3. (c)the court shall if an account of profits is directed apportion the profits between them as the court considers just, subject to any agreement between them;
and these provisions apply whether or not the copyright owner and the exclusive licensee are both parties to the action. (5) The copyright owner shall notify any exclusive licensee having concurrent rights before applying for an order under section 98 (order for delivery up) or exercising the right conferred by section 99 (right of seizure); and the court may on the application of the licensee make such order under section 98 or, as the case may be, prohibiting or permitting the exercise by the copyright owner of the right conferred by section 99, as it thinks fit having regard to the terms of the licence.'.—[Mr. Butcher.]

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