§ 162 — Separate actions for same infringement

162.—(1) This section applies if the copyright owner and the exclusive licensee bring separate actions for the same infringement.(2) If there is a final order in one action —(a)

for damages or statutory damages to be paid in respect of the infringement; or

(b)

to take an account of profits in respect of the infringement,

the Court may not make an order to take an account of profits in respect of that infringement in the other action.

(3) If there is a final order in one action to take an account of profits in respect of the infringement, the Court may not make an order for the payment of damages or statutory damages for that infringement in the other action.

—(1) This section applies if the copyright owner and the exclusive licensee bring separate actions for the same infringement.

(2) If there is a final order in one action —(a)

for damages or statutory damages to be paid in respect of the infringement; or

(b)

to take an account of profits in respect of the infringement,

the Court may not make an order to take an account of profits in respect of that infringement in the other action.

(3) If there is a final order in one action to take an account of profits in respect of the infringement, the Court may not make an order for the payment of damages or statutory damages for that infringement in the other action.