Commentary

167 Rights and remedies of exclusive licensee

INTELLECTUAL PROPERTY vol 21(2) copyright
| Commentary

167 Rights and remedies of exclusive licensee

| Commentary

2: RIGHTS AND REMEDIES OF EXCLUSIVE LICENSEE

167 Rights and remedies of exclusive licensee

An exclusive licensee1 of the copyright has, except against the copyright owner, the same rights and remedies in respect of matters occurring after the grant of the licence as if that licence had been an assignment2. The exclusive licensee’s rights are concurrent with those of the copyright owner3, and the same defences are available to a defendant in an action brought by an exclusive licensee as if the action had been brought by the copyright owner4.

Where proceedings for infringement of copyright are brought by the copyright owner

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