§ 161 — Apportionment of profits

161.—(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.

—(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.