Section 357BA | Meaning of “exclusive licence” ^F1

(1)In this Part “exclusive licence”, in relation to a right (“the principal right”), means a licence which—^F1

(a)is granted by the person who holds either the principal right or an exclusive licence in respect of the principal right (“the proprietor”), and^F1

(b)confers on the person holding the licence (“the licence-holder”), or on the licence-holder and persons authorised by it, the rights in respect of the principal right that are listed in subsection (2).^F1

(2)The rights are—^F1

(a)one or more rights conferred to the exclusion of all other persons (including the proprietor) in one or more countries or territories, and^F1

(b)the right—^F1

(i)to bring proceedings without the consent of the proprietor or any other person in respect of any infringement of the rights within paragraph (a), or^F1

(ii)to receive the whole or the greater part of any damages awarded in respect of any such infringement.^F1

(3)Where the licence-holder has any right within subsection (2)(b) by virtue of any enactment or rule of law, the right is to be regarded for the purposes of this section as conferred by the licence.^F1

(4)Where—^F1

(a)a company (“C”) that is a member of a group holds either a right to which this Part applies or an exclusive licence in respect of such a right, and^F1

(b)C confers on another company that is a member of the group all of the rights held by C in respect of the invention,^F1

that other company is to be treated for the purposes of this Part as holding an exclusive licence in respect of that right.

(5)For the purposes of subsection (4) it does not matter if the rights conferred by C do not include the right to enforce, assign or grant a licence of any of those rights.^F1