Exclusive & Non-Exclusive Licences

Exclusivity can be one of the most commercially important decisions in a licensing agreement.

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One of the most important decisions in a licensing arrangement is whether the licence should be exclusive, sole or non-exclusive.

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Exclusivity can make a deal more attractive to a licensee, but it can also restrict the rights owner's ability to work with other partners.

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The right structure depends on the commercial objectives of the arrangement.

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We can help you consider:

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• Exclusive licences

• Sole licences

• Non-exclusive licences

• Territory

• Product categories

• Retail channels

• Market segments

• Time limitations

• Performance requirements

• Minimum sales

• Minimum guarantees

• Rights reserved to the owner

• Termination of exclusivity

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For example, an exclusive licence might be limited to a particular product category, territory or sales channel rather than giving a licensee control over the entire brand.

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Exclusivity should be earned, defined and commercially justified — not given away by default.

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Considering an exclusive deal?

 

Before you lock in your rights, let's make sure you understand what you're giving up — and what you're getting in return. Book a call.

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