Section 63
Co-proprietorship of registered trademark
(2)
This section applies where two or more persons are co-proprietors of a registered trademark under subsection (1).
(3)
Subject to subsection (4) or any agreement to the contrary, each co-proprietor shall be entitled, by himself or his agents, to do for his own benefit and without the consent of or the need to account to the other, any act which would otherwise amount to an infringement of the registered trademark.
(4)
One co-proprietor shall not without the consent of the other—
(a)
grant a licence to use the registered trademark; or
(b)
assign or charge his share in the registered trademark.
(5)
Infringement proceedings may be brought by any co-proprietor, but he may not, without leave of the Court, proceed with the action unless the other, or each of the others, is either joined as a plaintiff or added as a defendant.
(6)
A co-proprietor who is thus added as a defendant shall not be made liable for any costs in the action unless he takes part in the
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proceedings.
(7)
Nothing in this subsection affects the granting of interlocutory relief on the application of a single co-proprietor.
(8)
Nothing in this section affects the mutual rights and obligations of trustees or personal representatives, or their rights and obligations as such.