(5) If the only abuse found by the court to have been established is that set out in subsection (2) (a), any licence granted shall be non-exclusive but shall not be transferable except to a person to whom the business or the part of the business in connection with which the rights under the licence were exercised has been transferred. (6) In all other cases the court may grant an exclusive licence if, having regard to all the circumstances of the case, it considers it justified, and for that purpose the court may revoke any existing licence on such conditions as it may deem fit. (7) In determining the conditions on which any licence is granted the court shall have regard to all relevant facts, including the risks to be undertaken by the licensee, the research and development undertaken by the registered proprietor or his predecessor and the terms and conditions usually stipulated in similar licence agreements in respect of registered designs between persons who voluntarily enter into such agreements. (8) Any order of the court under this section shall be made with a view to avoiding the abuse found by the court to have been established. (9) The court may amend or revoke any licence granted under this section. (10) Subject to the provisions of subsection (11) and to the conditions that may be attached to the licence, a licensee under this section shall have the same rights and obligations as any other licensee under a registered design. (11) An exclusive licensee under this section may, subject to the conditions attached to the licence, institute any proceedings which may be necessary to prevent infringement, and to recover damages as a result of infringement, of the design in question, as if he were the registered proprietor: Provided that— (a) the registered proprietor concerned shall be joined as a party to such proceedings; (b) the registered proprietor may join in the proceedings either as coplaintiff or as co-defendant; and (c) the registered proprietor shall not be liable for any costs in connection with such proceedings unless he enters an appearance and takes part in those proceedings. (12) Notwithstanding the provisions of subsection (11), a registered proprietor whose design is the subject of an exclusive licence in terms of this section may institute any proceedings which are necessary to prevent infringement and to recover damages as a result of such infringement: Provided that— (a) the exclusive licensee shall be joined as a party to such proceedings; (b) the exclusive licensee may join in the proceedings either as co-plaintiff or as co-defendant; and the exclusive licensee shall not be liable for any costs in connection with such proceedings unless he enters an appearance and takes part in those proceedings. (c)