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Proceedings for infringement by exclusive licensee

Cap. 253, s. 45 · Revised Edition 2020

(1) Subject to the provisions of this section, the holder of an exclusive licence under a patent shall have the same right as the owner of the patent to bring any proceedings in respect of any infringement of the patent committed after the date of the licence; and references to the owner of the patent in this Act relating to infringement shall be construed accordingly. (2) In awarding damages or granting any other relief in any such proceedings, the Court shall take into account any loss suffered or likely to be suffered by the exclusive licensee as such as a result of the infringement, or, as the case may be, the profits derived from the infringement, so far as it constitutes an infringement of the rights of the exclusive licensee as such. Effect of non- registration on
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