| Commentary

39.3 Avoiding ambiguity

| Commentary

39.3 Avoiding ambiguity

There are some statutory definitions that are consistent with the definitions in Paragraph 39.2, but

  1. (a)

        these apply only to the statutes in which they appear1;

  2. (b)

        may not be the meaning intended by one or more parties to a transaction;

  3. (c)

        may not be the meaning understood by one or more parties to a transaction; and

  4. (d)

        may not be appropriate or relevant to non-intellectual property transactions.

To avoid risk of ambiguity as to the meaning of ‘exclusive’ or ‘sole’, the agreement should specify the exact meaning, as in the following example:

‘For the

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