s 44 General provisions as to rights of licensees in case of infringement
44.—(1) This section has effect with respect to the rights of a licensee in relation to infringement of a registered trade mark. (2) The provisions of this section do not apply where or to the extent that, by virtue of section 45(1), the licensee has a right to bring proceedings in the licensee’s own name. (3) A licensee is entitled, unless the licensee’s licence, or any licence through which the licensee’s interest is derived, provides otherwise, to call on the proprietor of the registered trade mark to take infringement proceedings in respect of any matter which affects the licensee’s interests. (4) If the proprietor —(a) refuses to do so; or (b) fails to do so within 2 months after being called upon, the licensee may bring the proceedings in the licensee’s own name as if the licensee were the proprietor. (5) Where infringement proceedings are brought by a licensee by virtue of this section, the licensee may not, without the permission of the Court, proceed with the action unless the proprietor is either joined as a claimant or added as a defendant.[Act 25 of 2021 wef 01/04/2022] (6) Subsection (5) does not affect the granting of interlocutory relief on an application by a licensee alone. (7) A proprietor who is added as a defendant under subsection (5) is not to be made liable for any costs in the action unless the proprietor takes part in the proceedings. (8) In infringement proceedings brought by the proprietor of a registered trade mark, any loss suffered or likely to be suffered by licensees must be taken into account. (9) The Court may give such directions as it thinks fit as to the extent to which the claimant is to hold the proceeds of any pecuniary remedy on behalf of licensees.[Act 25 of 2021 wef 01/04/2022] (10) The provisions of this section apply in relation to an exclusive licensee if or to the extent that the exclusive licensee has, by virtue of section 45(1), the rights and remedies of an assignee as if the exclusive licensee were the proprietor of the registered trade mark.