Document ID: chunk:federal_register_of_legislation:C2012C00729:section:34
Version: federal_register_of_legislation:C2012C00729
Segment Type: section
Provision Reference: s 34
Character Range: 24518–25299

34  Apportionment of profits between owner and exclusive licensee

  Where:
 (a) an action under section 27 relates, wholly or partly, to an infringement in respect of which the owner of the EL 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 is directed to be taken in respect of that infringement in that action; 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 EL rights and the exclusive licensee, apportion the profits between them in such manner as it considers just and shall give such directions as it considers appropriate for giving effect to that apportionment.