Section 161 — Apportionment of profits

(1)This section applies if the copyright owner or the exclusive licensee brings an infringement action for an infringement (whether or not the other party is also a claimant in that action).

(2)If the Court orders an account of profits to be taken in respect of the infringement, the Court must —

(a)apportion the profits between the copyright owner and the exclusive licensee in a way the Court considers just; and

(b)give directions to give effect to that apportionment.

(3)Subsection (2) is subject to any contrary agreement between the copyright owner and the exclusive licensee.