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.
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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.
