171. Infringement proceedings by or at the request of licensee

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

In the absence of any provision to the contrary in a licence contract relating to an Industrial Design, Patent or

Mark or any other matter provided for by the Act, the licensee may—

(a)

in respect of the threatened infringement, infringement or acts referred to in section 170

request the registered owner of the Industrial

Design, Patent or Mark or any other matter provided for by the Act, to apply for an injunction :

Provided that the licensee shall indicate the threatened infringement, infringement or acts being performed in relation to such infringement and specify the relief sought under the Act ; and

(b)

if the owner of the said Industrial Design, Patent or

Mark or any other matter provided for by this Act refuses or fails to apply for an injunction within three months from the receipt of the said request, apply for an injunction in his own name, with notice to the registered owner who may join in the proceedings :

Provided that the Court may, on the application of the licensee, prior to the expiry of the period of three months, specified in paragraph (b) of this section grant an injunction if he proves that immediate action is necessary to avoid substantial damage.

Read on from s 172