31. Rights of licensee in case of infringement

This section has effect with respect to the rights of a licensee in relation to infringement of a registered trade mark, but does not apply where or to the extent that, under section 32(1), the licensee has a right to bring proceedings in his own name.

A licensee is entitled, unless his licence or any licence through which his interest is derived provides otherwise, to call on the proprietor of the registered trade mark to take infringement proceedings in respect of any matter which affects his interests.

If the proprietor —

Where infringement proceedings are brought by a licensee under this section, the licensee may not, without the leave of the court, proceed with the action unless the proprietor is either joined as a plaintiff or added as a defendant. Nothing in this subsection affects the granting of interlocutory relief on the application of a licensee alone.

A proprietor who is added as a defendant under subsection (4)

In infringement proceedings brought by the proprietor of a registered trade mark, any loss suffered or likely to be suffered by any licensee shall be taken into account; and the court may give such directions as it thinks fit as to the extent to which the plaintiff is to hold the proceeds of any pecuniary remedy on behalf of such licensee.

This section applies in relation to an exclusive licensee if or to the extent that he has, under section 32(1), the rights and remedies of an assignee as if he were the proprietor of the registered trade mark.