§ Clause 35, page 25, line 22, at end insert ("or, as the case may be, the profits earned by means of the infringement so far as it constitutes an infringement of the rights of the exclusive licensee as such.")
§ LORD LUCAS OF CHILWORTHMy Lords, if an exclusive licensee brings an action for infringement he should be entitled to an account of profits in so far as the profits have been earned by a use of the invention to which he is exclusively entitled by virtue of his licence. The latter part of subsection (1) of the clause as it stood did not deal with this aspect of the matter, and this Amendment is therefore necessary. I beg to move that this House do agree with the Commons in the said Amendment.
§ Moved, That this House do agree with the Commons in the said Amendment.—(Lord Lucas of Chilworth.)
§ On Question, Motion agreed to.