Layout Design Order, 1999 · s 30

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s 30Where-

(a} proceedings under section 23 relate, wholly or partly, to an infringement in respect of which the owner of the layout design rights and the exclusive licensee have concurrent rights of action under that section, whether or not they are both parties; and

(b)

an account of profits has been directed to be taken in respect of that infringement,

...

the court shall, subject to any agreement of which it is aware by which the application of those profits is determined as between the owner of the layout design rights and the exclusive licensee, apportion the profits between them in such manner as the justice of the case may require and shall give such directions as it considers appropriate for giving effect to that apportionment.