Commentary

39.1 Use of ‘exclusive’, ‘non-exclusive’ and ‘sole’

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

39.1 Use of ‘exclusive’, ‘non-exclusive’ and ‘sole’

| Commentary

39: EXCLUSIVE, NON-EXCLUSIVE AND SOLE

(For clauses regarding exclusive, non-exclusive and sole rights, see Forms 39.1 [1609], 39.2 [1610] below.)

39.1 Use of ‘exclusive’, ‘non-exclusive’ and ‘sole’

The words ‘exclusive’, ‘non-exclusive’ and ‘sole’ are most often seen in relation to the appointment of agents, distributors and franchisees, and the licensing of intellectual property rights. For example, where a principal appoints an agent to obtain orders in a particular territory, the appointment could be on an exclusive basis so that the principal could not appoint another agent in that territory, or obtain orders itself (rather than on a non-exclusive

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