74. Proceedings for infringement by exclusive licensee

The holder of an exclusive licence under a patent has the same right as the proprietor of the patent to bring proceedings in respect of any infringement of the patent committed after the date of the licence; and references to the proprietor of the patent in this Act relating to infringement are to be construed accordingly.

In awarding damages or granting any other relief in any such proceedings, the court is to take into consideration any loss suffered or likely to be suffered by the exclusive licensee as such as a result of the infringement, or, as the case may be, the profits derived from the infringement, so far as it constitutes an infringement of the rights of the exclusive licensee as such.

In any proceedings taken by an exclusive licensee by virtue of this section, the proprietor of the patent need not be made a party to the proceedings, but if made a defendant shall not be liable for any costs or expenses unless the defendant files and serves a notice of intention to contest or not contest and takes part in the proceedings.