Subdivision (3)—Infringement action where exclusive licensee has concurrent right of action
Interpretation of this Subdivision
156. In this Subdivision—
“infringement” means an infringement of copyright for which the copyright owner and the exclusive licensee of the copyright have concurrent rights of action;
“infringement action” has a corresponding meaning;
“party” means the copyright owner or the exclusive licensee, as the case may be.
Application of this Subdivision
157.—(1) This Subdivision applies where an action for an infringement of copyright may be brought by the copyright owner and the exclusive licensee of the copyright.
(2) This Subdivision does not apply in relation to a licence granted before 10 April 1987.
Joinder and costs
158.—(1) This section applies if the copyright owner or the exclusive licensee (but not both) brings an infringement action.
(2) Unless the Court orders otherwise, the party that brought the action may proceed with the action without joining the other party as a claimant or adding the other party as a defendant.
(3) If the other party is added as a defendant, that other party is not liable for any costs in the action unless that other party files and serves a notice of intention to contest or not contest the claim and takes part in the proceedings.
Same defences and same remedies available
159.—(1) This section applies if the exclusive licensee brings an infringement action.
