Layout-Designs of Integrated Circuits Act 2000 · Updated to 1 Jan 2006 · Part IV · Dealings with Layout-Design Rights
21. Exclusive licensee
Feedback & supportAn exclusive licensee shall have the same rights of action and shall be entitled to the same remedies for the infringement of those rights against a successor in title to the right holder as he has or is entitled to against the right holder.
action
“action” means a civil proceeding commenced by writ or in such other manner as may be prescribed by rules of court and includes a counterclaim;
An exclusive licensee shall have, except against the right holder, the same rights of action and shall be entitled to the same remedies in respect of matters occurring after the grant of the exclusive licence as if the licence had been an assignment.
right holder
“right holder” means the person that is to be regarded as the beneficiary of the protection referred to in section 9;
An exclusive licensee’s rights and remedies shall be concurrent with the rights and remedies of the right holder.
20
In an action brought under Part III by the exclusive licensee by virtue of this section, a defence under this Act that would have been available to a defendant in the action if the action had been brought by the right holder shall be available to the defendant as against the exclusive licensee.