Section 31(6)

Where an action for infringement of a registered trade mark is brought which relates wholly or partly to an infringement in respect of which the proprietor and an exclusive licensee have or had concurrent rights of 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. The provisions of this subsection apply whether or not the proprietor and the exclusive licensee are both parties to the action; and if they are not both parties the court may give such directions as it thinks fit as to the extent to which the party to the proceedings is to hold the proceeds of any pecuniary remedy on behalf of the other.

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