Section 160 — Assessment of damages

(1)This section applies if —

(a)the copyright owner or the exclusive licensee brings an infringement action for an infringement; and

(b)the other party is not a claimant in that action.

(2)If the Court orders the payment of damages or statutory damages for the infringement, the following matters must be considered in assessing damages or statutory damages:

(a)any right of action exercisable by the other party under that section in respect of the infringement;

(b)if the action is brought by the exclusive licensee — any liabilities (whether for royalties or otherwise) to which the licence is subject;

(c)if a separate infringement action is brought by the other party for the infringement — any pecuniary remedy already awarded to the other party under section 305 in respect of the infringement.