In general, compensation for the use of a design under Crown powers1 is payable to the registered proprietor2. In certain circumstances, however, other persons may be entitled to compensation as follows:
(1) where an exclusive licence3 granted otherwise than for royalties or other benefits determined by reference to the use of the design is in force under the design, then, in relation to any use of the design which would, but for the provisions as to Crown powers of use, be an infringement of the rights of the licensee, any compensation is payable to the licensee4;
(2) where there
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