In relation to a registered design1, an exclusive licensee2 has, except against the registered proprietor3, the same rights and remedies in respect of matters occurring after the grant of the licence as if the licence had been an assignment4. His rights and remedies are concurrent with those of the registered proprietor5.
In an action brought by an exclusive licensee by virtue of these provisions, a defendant may avail himself of any defence which would have been available to him if the action had been brought by the registered proprietor6. Where an action for infringement of the right in a registered
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