13.—(1) Where the Copyright Tribunal has made an order under paragraph 10 or 11 and the order remains in force, the person entitled to the benefit of the order shall if he—U.K.
(a)pays to the licensing body any charges payable in accordance with the order or, if the amount cannot be ascertained, gives an undertaking to pay the charges when ascertained, and
(b)complies with the other terms specified in the order,
be in the same position as regards infringement of database right as if he had at all material times been the holder of a licence granted by the owner of the database right in question on the terms specified in the order.
(2) The benefit of the order may be assigned—
(a)in the case of an order under paragraph 10, if assignment is not prohibited under the terms of the Tribunal’s order; and
(b)in the case of an order under paragraph 11, if assignment was not prohibited under the terms of the original licence.
(3) The Tribunal may direct that an order under paragraph 10 or 11, or an order under paragraph 12 varying such an order, so far as it varies the amount of charges payable, has effect from a date before that on which it is made, but not earlier than the date on which the reference or application was made or, if later, on which the licence was granted or, as the case may be, was due to expire.
If such a direction is made—
any necessary repayments, or further payments, shall be made in respect of charges already paid, and
the reference in sub-paragraph (1)(a) to the charges payable in accordance with the order shall be construed, where the order is varied by a later order, as a reference to the charges so payable by virtue of the later order.
Commencement Information
I1Sch. 2 para. 13 in force at 1.1.1998, see reg. 1(2)