109. Right of exclusive
licensee to take proceedings against infringement.-
(1)The holder of an exclusive licence shall have the like
right as the patentee to institute a suit in respect of any
infringement of the patent committed after the date of the
licence, and in awarding damages or an account of profits
or granting any other relief in any such suit the court shall
take into consideration any loss suffered or likely to be
suffered by the exclusive licensee as such or, as the case
may be, the profits earned by means of the infringement so
far as it constitutes an infringement of the rights of the
exclusive licensee as such.
(2) In any suit for infringement of a patent by the holder
of an exclusive licence under sub-section (1), the patentee
shall, unless he has joined as a plaintiff in the suit, be
added as a defendant, but a patentee so added as defendant
shall not be liable for any costs unless he enters an appearance
and takes part in the proceedings.
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