Common use of Infringement and right to take action Clause in Contracts

Infringement and right to take action. (a) In the interests of protecting the programme title if the Writer becomes aware of any actual, threatened or suspected infringement by a third party of the trade xxxx, the Writer shall use best endeavours to give the BBC notice of such infringement. (b) The BBC shall consult with the Writer about what action to take, if any, in respect of such infringement and shall in its discretion but following consultation with the Writer, have the right to commence proceedings or to take any such other action in relation to such infringement as it deems appropriate. The provisions of section 30 of the Trade Marks Act 1994 are excluded. (c) The Writer shall provide such co-operation or assistance as may be reasonably required by the BBC in order to pursue or defend such proceedings or take such other action, including joining the action as a party; and the BBC shall reimburse the Writer with their costs of providing any such assistance co-operation and action.

Infringement and right to take action. (a) In the interests of protecting the programme title if the Writer becomes aware of any actual, threatened or suspected infringement by a third party of the trade xxxxmark, the Writer shall use best endeavours to give the BBC notice of such infringement. (b) The BBC shall consult with the Writer about what action to take, if any, in respect of such infringement and shall in its discretion but following consultation with the Writer, have the right to commence proceedings or to take any such other action in relation to such infringement as it deems appropriate. The provisions of section 30 of the Trade Marks Act 1994 are excluded. (c) The Writer shall provide such co-operation or assistance as may be reasonably required by the BBC in order to pursue or defend such proceedings or take such other action, including joining the action as a party; and the BBC shall reimburse the Writer with their costs of providing any such assistance co-operation and action.