Section 235(4)

Where an action for infringement of design right is brought which relates (wholly or partly) to an infringement in respect of which the design right owner and an exclusive licensee have concurrent rights of action— and these provisions apply whether or not the design right owner and the exclusive licensee are both parties to the action. the court shall, in assessing damages, take into account— the terms of the licence, and any pecuniary remedy already awarded or available to either of them in respect of the infringement; 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 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;

← 3 · All articles · 5 →

Source: legislation.gov.uk · retrieved 2026-09-04