Trade Marks Ordinance, 2001 — section 12

12. Infringement of a registered collective mark..—_(1) The provisions of this para shall have effect as regards the rights of an authorized user in relation to infringement of registered collective mark.

(2)An authorized user shall be entitled, subject to any agreement to the contrary between him and the proprietor, to call on the proprietor to take infringement proceedings in respect of any matter which affect his interests.

(3)If the proprietor

(a)refuses to do so; or

(b)fails to do so within two months after being called upon, the authorized user may bring the proceedings in his own name as if he were the proprietor.

(4)Where infringement proceedings are brought under this para, the authorized user may not, without the leave of the High Court, proceed with the action unless the proprietor is either joined as a plaintiff or added as a defendant.

(5)The provisions of para (4) shall not affect the granting of interlocutory relief on an application by an authorised user alone.

(6)A proprietor who is added as a defendant as provided in sub-para (4) shall not be made liable for any costs in the action unless he takes part in the proceedings.

(7)In infringement proceedings brought by the proprietor of a registered collective mark, any loss suffered or likely to be suffered by authorised user shall be taken into account, and the High Court or 1[an IP Tribunal] may give such directions as it thinks fit as to the extent to which the plaintiff shall hold the proceeds of any pecuniary remedy on behalf of such users.