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As its name suggests, a non-exclusive licence allows the IP owner to licence their IP to more than one party at a time.
While less preferred by licensees who stand to gain more through exclusive rights, it can have numerous benefits for the IP owner.
Non-exclusive licences are ideal for creators and inventors who wish to retain control over their IP while still benefiting from licensing to third parties. Where more than one party wants to licence their IP, they can grant non-exclusive licences to each party, whereby the parties are entitled to commercialise the IP apart from each other.
A non exclusive licence is distinct from a sole licence or an exclusive licence. When an IP owner grants a sole licence that means that the licensee has the sole right to commercialise that IP, although the IP owner still has the right to commercialise the IP. With an exclusive licence, the licensee has the only right to commercialise the IP and even the IP owner doesn’t have the right to commercialise the IP in competition with the exclusive licensee.
They allow for greater revenue returns while also ensuring you are not excluded from using your IP as you see fit. This could look like:
With multiple licences in effect with various licensees, it is also possible to gain greater exposure of your invention or work than you would have achieved on your own.
While these types of licences offer great benefits, licensing to multiple parties can just as equally dilute your IP value, making it less exclusive or unique.
Deciding whether an exclusive or non-exclusive licence is best for your situation will depend on several factors.
To ensure your IP is properly protected as per Australian legislation and that all due diligence is performed, it is best to consult with a qualified IP attorney.
I found them online and initially I was bit hesitant to talk to them about my problem but when I spoke to Barry, I felt more comfortable, and he gave me all the information and advice I wanted without even thinking that I am going to give him business or not. Finally, I went with them, and they made the entire process so smooth and easy for me. john was keeping us updated with each step he was doing. I would recommend these guys for any patent or trademark related service.
I would like to express my thanks to Barry and his team at IP Guardian in Sydney for their assistance with our recent Trademark application. Barry was highly professional, readily available throughout the process and clearly communicated expectations. Barry even helped us refine our application so that we had a greater chance of success which was very much appreciated to avoid extra costs. I would highly recommend Ip Guardian for all your Trademark and Intellectual Property needs.
Barry, last week, you and your professional team, made my year (or probably my next 21 years). So thank you so much for your executive, calm yet very effective actions under extream pressure. Elias Hajjar, Director, TROLLEYON PTY LTD
Informative, understood the business, what it needed and answered questions in a friendly and approachable manner. Easy decision to continue working with IPGuardian for future trademarking
From the day I contacted Barry Meskin until now with my silly amateur questions, he has been nothing short of amazing. I actually NEVER leave reviews anywhere, but I felt the need to do so for Barry and his team. I myself am a tradie, so I felt intimidated speaking to an attorney. But the second I spoke to him on the phone, he made me feel right at home. Never pressured me into any decisions, yet when I decided to go ahead with him, he delivered what I needed much quicker than what I was expecting. I cannot speak highly enough of him and recommend his services 100%.
The team at IP Guardian have made the process extremely straight forward and easy for us to understand exactly what was required. I will highly recommend to our clients who need help with IP.
I have dealt with Barry over the years, his advice and experience has helped me greatly. Looking for to working with him and his team again. Maher.
IP Guardian helps protect words, symbols, letters, numbers, names, signatures, phrases, sounds, shapes and smells. Yes, I said smells.
We've had the pleasure to work closely with Barry for many years. He has been exceptional to deal with and has a keen focus in providing a commercial led IP "go to market" strategy for start-ups and well known brands. Makes it easy and always advises on different ways to navigate through the IP process.
Barry Meskin @ IP Guardian is an experienced and extremely knowledgeable expert in the domain of intellectual property, patents and trademarks. In addition he has been extremely responsive and very professional in all our dealings. I wholeheartedly recommend Barry's services to any business or anyone seeking advice in this area - great quality and great value.