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Clause 35—(Proceedings By Licensee For Infringement)

Volume 467: debated on Friday 22 July 1949

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I beg to move, in page 26, line 22, at the end, to insert:

"or, as the case may be, the profits earned by means of the infringement so far as it constitutes an infringement of the rights of the exclusive licensee as such."
This Amendment proposes that if an exclusive licensee brings an action for infringement he should be entitled to an account of profits in so far as the profits have been gained by the use of the invention to which he is exclusively entitled by his licence. The latter part of the Clause, as it at present stands, does not deal with this aspect of the matter, and the Amendment now proposes to put into effect the intention I have just explained.

Amendment agreed to.