Section 52C
Effect of award involving IPR
(1)
This section applies if an award deciding an IPR dispute is made in arbitral proceedings.
(2)
The fact that a person is a third‑party licensee or third‑party holder of a security interest in respect of the IPR does not of itself make the person a person claiming through or under a party to the arbitral proceedings for the purposes of section 44(1).
(3)
However, subsection (2) does not affect any right or liability between a third‑party licensee or third‑party holder of a security interest and a party to the arbitral proceedings whether —
arising in contract; or
arising by operation of law.
(4)
In this section —
Definition
“third‑party holder of a security interest”, in relation to an IPR in dispute in arbitral proceedings, means a person who —
is a holder of a security interest in respect of the IPR granted by a party to the arbitral proceedings; but(b)is not a party to the arbitral proceedings;
Definition
“third‑party licensee”, in relation to an IPR in dispute in arbitral proceedings, means a person who —
is a licensee (whether or not an exclusive licensee) of the IPR under a licence granted by a party to the arbitral proceedings; but(b)is not a party to the arbitral proceedings.