Section 74, The Patents and Industrial Design Act, 2012

(1) An exclusive licensee within the meaning of subsection (2) of section 63 may, by registered letter, request the owner of the patent or industrial design to institute legal proceedings for a specific relief with respect to any infringement specified by the licensee. (2) The licensee may, if the owner of the patent or industrial design refuses to institute legal proceedings within three months from the request, after giving notice to the owner of the patent or industrial design, institute such proceedings in his own name; and the owner of the patent or industrial design may join in the proceedings. (3) Before the end of the three months period referred to in subsection (2), the Court may, on the request of the licensee, grant an appropriate injunction to prevent infringement or to prohibit its continuation, where the licensee shows that immediate action is necessary to avoid substantial damage.