Commentary

168 Rights and remedies of non-exclusive licensee

INTELLECTUAL PROPERTY vol 21(2) copyright
| Commentary

168 Rights and remedies of non-exclusive licensee

| Commentary

3: RIGHTS AND REMEDIES OF NON-EXCLUSIVE LICENSEE

168 Rights and remedies of non-exclusive licensee

A non-exclusive licensee1 may bring an action for infringement of copyright if all of these conditions are fulfilled:

  1. 168.1

        the infringing act was directly connected to a prior licensed act of the licensee;

  2. 168.2

        the licence is in writing and signed by, or on behalf of, the copyright owner; and

  3. 168.3

        the licence expressly grants the non-exclusive licensee a right of action under the relevant section of the Copyright, Designs and Patents Act 19882.

In such an action the non-exclusive licensee will have

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