Commentary

39.2 Meaning of ‘exclusive’, ‘non-exclusive’ and ‘sole’

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)

39.2 Meaning of ‘exclusive’, ‘non-exclusive’ and ‘sole’

39.2 Meaning of ‘exclusive’, ‘non-exclusive’ and ‘sole’

There are no standard definitions that automatically apply to the meaning of the words exclusive’, ‘non-exclusive’ and ‘sole’ when used in contracts. The following are the generally understood meanings:

  1. (a)

        Exclusive. The grant of exclusive rights means that the grantor of the rights will not grant the same rights to any other person, nor will the grantor exercise those rights directly. For example, the grant of an exclusive licence under a patent to manufacture and sell licensed products in a defined field and territory means that the licensor will not manufacture or sell

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