109. Right of exclusive licensee to take proceedings against infringement
(1) An exclusive licensee has the same right as the patentee to sue for infringement committed after the date of the licence; in awarding damages, profits or other relief the court shall take into account the licensee’s own losses or the infringer’s profits attributable to infringement of the licensee’s rights.
(2) The patentee must be joined as plaintiff or added as defendant in such a suit, but if added as defendant is not liable for costs unless he appears and takes part in the proceedings.
