Contributed By Linklaters
An action for infringement should be launched against the person or entity that committed any of the acts of direct or indirect infringement described in 2.1 Actions Available Against Infringement, above. In some cases, a third-party intermediary whose services have been used to infringe patent rights, the possessor or user of the infringing products on a commercial scale or the supplier on a commercial scale of the services used to commit patent infringement may also be summoned to appear in court.
It follows from Article XI.60, §2 of the CEL that both the owner and the usufructuary of a patent may separately launch an infringement claim in court. Also, the holder of a compulsory licence and (if not contractually excluded) the exclusive licensee has the required standing to take court action against an infringer if the owner or usufructuary fails to take court action after having been notified by the licensee of the infringement. A non-exclusive licensee may only intervene in proceedings launched by the patent-owner or usufructuary to obtain compensation for damages incurred by it, and does not have a self-standing right to launch court proceedings against an infringer.