PA 67 – Proceedings for infringement by exclusive licensee

Question 1

What does s67 concern

Answer 1

proceedings for infringement initiated by exclusive licensee

Question 2

When does an exclusive licensee have a right to bring infringement actions

Answer 2

S67(1)
they have the same rights as a proprietor to bring proceedings relating to any act that occurs AFTER the date of the licence

Question 3

what do damages take into account for an exclusive licensee

Answer 3

S67(2)
Damages / relief take into account of the exclusive licensee’s losses

Question 4

What happens re the proprietor is an exclusive licensee brings an infringement action

Answer 4

S67(3)
they are made party to proceedings, but are not liable for costs unless that take part.

Question 5

what is an exclusive licensee

Answer 5

an exclusive license means they are the only person allow to use the invention (excluding even the proprietor),