Copyright 69 been given or made awarding either damages, statutory damages or an account of profits to the other party under that section in respect of the same infringement. (8) Where, in an action brought in the circumstances mentioned in subsection (3), whether by the owner of the copyright or by the exclusive licensee, the other party is not joined as a plaintiff (either at the commencement of the action or subsequently) but is added as a defendant, he shall not be liable for any costs in the action unless he enters an appearance and takes part in the proceedings. (9) For the purposes of this section, the expression— “exclusive licence” means a licence signed by or on behalf of an owner or a prospective owner of copyright authorizing the licensee to the exclusion of all other persons, to exercise a right which by virtue of this Act would (apart from the licence) be exercisable exclusively by the owner of the copyright; and “exclusive licensee” shall be construed accordingly; “if the licence had been an assignment” means if, instead of the licence, there had been granted (subject to terms and conditions corresponding as nearly as may be with those subject to which the licence was granted) an assignment of the copyright in respect of its or their application to the doing, at the place and time authorized by the licence, of the acts so authorized; “the other party”, in relation to the owner of the copyright, means the exclusive licensee, and in relation to the exclusive licensee, means the owner of the copyright. Restriction on importation of infringing copies 39. (1) The owner of copyright in any work, or any person authorized by him, may make an application to the Controller to request that during a period specified in the application copies of the work to which this section applies be treated as infringing copies. (1a) The application under subsection (1)— (a) shall be in such form as may be prescribed; (b) shall state that the person named in it is the owner of the copyright; and