Commentary

39.4 Drafting points—‘exclusive’

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

39.4 Drafting points—‘exclusive’

| Commentary

39.4 Drafting points—‘exclusive’

  1. (a)

        Sometimes exclusive licences are stated to be ‘sole and exclusive licences’. This wording seems to be an American import. If an exclusive licence is intended, it probably does no harm to call it a sole and exclusive licence, and it may be useful when interpreting the contract under foreign laws. However, in contracts between English parties, it is probably better to avoid this phrase.

  2. (b)

        The grant of exclusive or sole rights is likely to raise competition law issues under European and possibly UK law. Specialist advice should be obtained in these areas when drafting

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