Clause 20

by deleting subsections (5) and (6) and substituting the following subsection:“(5) Where the proprietor or an exclusive licensee of a registered trade mark brings proceedings for any infringement of the trade mark in respect of which the proprietor and the exclusive licensee have concurrent rights of action, the proprietor or the exclusive licensee, as the case may be, need not —

join the other as a plaintiff; or

add the other as a defendant,unless the Court otherwise orders.”; and

by deleting subsection (8) and substituting the following subsection:“(8) Where an action for infringement of a registered trade mark is brought which relates wholly or partly to an infringement in respect of which the proprietor and an exclusive licensee have or had concurrent rights of action —

the Court shall, when assessing damages, ordering an account of profits or awarding statutory damages under section 31(5)(c), take into account —

the terms of the licence; and

any pecuniary remedy already awarded or available to either of them in respect of the infringement; and

subject to any agreement between them, the Court may —

assess the damages or award the statutory damages due to each of them according to the losses suffered or likely to be suffered by him as a result of the infringement; or

apportion between them the profits due to each of them according to what is attributable to the infringement of his rights.”.