non-exclusive licence

Non-exclusive licences authorise a licensee to use property (for instance intellectual property rights) and places no restriction on the trade mark owner in granting rights to further licensees to perform the same act. The licensee therefore does not have exclusive rights to use the trade mark as the trade mark proprietor retains the right to use the trade mark themselves and licence the use of the trade mark to other persons. Non-exclusive licences may be granted on the same terms as exclusive licences, except that more than one person will be entitled to perform the particular act.

Exclusive licences on the other hand are licences that authorise the licensee to use intellectual property to the exclusion of any other person including the person granting the licence. An exclusive licensee may in turn grant licences provided they are granted the authority to do so in their licence agreement. Exclusive licensees are usually granted special powers by statute, for instance to commence legal proceedings in their own right in the event of an infringement, rather than with the permission of the licensor, or in the licensor's name. This stands in contrast to a non-exclusive licensee, who does not hold such rights. The power to enforce trade mark rights against infringers lies with the owner of the trade mark.

Usage: Open source software is made possible by a multitude of non-exclusive licences to third parties to use and develop the software.

Related Words: exclusive licence; exclusive licensor; property; sublicenses; exclusive licence; intellectual property; licence; copyright; patent; registered design rights; registered trade mark.