Patent Sections

Section 110 – Right of Licensee under section 84 to take proceedings against Infringement

Unlike the exclusive licensee, a person with a license granted under section 84 (compulsory licenses) if found an infringement; shall call upon the patentee to take actions preventing the infringement of the patent. If the patentee within 2 months after being so called upon does not take any actionsthe licensee shall institute the proceedings as if he were the patentee in his own name. The patentee shall also be added as a defendant (infringer) but will not be liable for any costs unless he appears and takes part in the proceedings.

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