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the agreement under which the grantor (most likely) agreed to register the transaction, it is hard to see on what basis they might argue. The grantee, the party most likely to be prejudiced by the failure to register, could have registered it herself. Of course, if it can be shown that notwithstanding the failure to register the person acquiring the rights knew of the earlier transaction, it will be effective. Licensees are given rights of action by the new Act: but if the licence is not registered, s 25(2)(b) provides that the licensee can neither sue nor call on the licensor to sue. Nor will any loss sustained by the unregistered licensee be taken into account in assessing the damages payable where the proprietor has brought infringement proceedings. This provision will encourage (without making mandatory) the registration of licences: in this it resembles the 1938 Act. Where a transfer of ownership has not been registered, the Act provides that the right to damages or an account of profits will be limited. An application to register the transaction must have been made within six months after the date of the transaction, otherwise the new proprietor will not be entitled to compensation for anything happening between becoming the proprietor and registering the fact. A court may override this rule if it is satisfied that it was not practicable for the particulars of the transmission or assignment to be registered in that time. It must however have been registered as soon as practicable thereafter. This provision closely resembles s 68 of the Patents Act 1977. Trusts
DOI link for the agreement under which the grantor (most likely) agreed to register the transaction, it is hard to see on what basis they might argue. The grantee, the party most likely to be prejudiced by the failure to register, could have registered it herself. Of course, if it can be shown that notwithstanding the failure to register the person acquiring the rights knew of the earlier transaction, it will be effective. Licensees are given rights of action by the new Act: but if the licence is not registered, s 25(2)(b) provides that the licensee can neither sue nor call on the licensor to sue. Nor will any loss sustained by the unregistered licensee be taken into account in assessing the damages payable where the proprietor has brought infringement proceedings. This provision will encourage (without making mandatory) the registration of licences: in this it resembles the 1938 Act. Where a transfer of ownership has not been registered, the Act provides that the right to damages or an account of profits will be limited. An application to register the transaction must have been made within six months after the date of the transaction, otherwise the new proprietor will not be entitled to compensation for anything happening between becoming the proprietor and registering the fact. A court may override this rule if it is satisfied that it was not practicable for the particulars of the transmission or assignment to be registered in that time. It must however have been registered as soon as practicable thereafter. This provision closely resembles s 68 of the Patents Act 1977. Trusts
the agreement under which the grantor (most likely) agreed to register the transaction, it is hard to see on what basis they might argue. The grantee, the party most likely to be prejudiced by the failure to register, could have registered it herself. Of course, if it can be shown that notwithstanding the failure to register the person acquiring the rights knew of the earlier transaction, it will be effective. Licensees are given rights of action by the new Act: but if the licence is not registered, s 25(2)(b) provides that the licensee can neither sue nor call on the licensor to sue. Nor will any loss sustained by the unregistered licensee be taken into account in assessing the damages payable where the proprietor has brought infringement proceedings. This provision will encourage (without making mandatory) the registration of licences: in this it resembles the 1938 Act. Where a transfer of ownership has not been registered, the Act provides that the right to damages or an account of profits will be limited. An application to register the transaction must have been made within six months after the date of the transaction, otherwise the new proprietor will not be entitled to compensation for anything happening between becoming the proprietor and registering the fact. A court may override this rule if it is satisfied that it was not practicable for the particulars of the transmission or assignment to be registered in that time. It must however have been registered as soon as practicable thereafter. This provision closely resembles s 68 of the Patents Act 1977. Trusts
ABSTRACT