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ARTICLE · 03 APRIL 2025

There Is No Such Thing As A "Sole & Exclusive" Licence

Licensing is a crucial aspect in the commercialisation of intellectual property. However, we frequently come across agreements, from both big and small firms...

South AfricaIntellectual Property

Licensing is a crucial aspect in the commercialisation of intellectual property. However, we frequently come across agreements, from both big and small firms, as well as local and international, that provide for a “sole & exclusive” licence.

To clarify, there is no such thing as a “sole & exclusive” licence.

Now that we have gotten that out of the way, let's dive into the three main types of licences and what they mean.

  1. Sole Licence

A sole license grants the licensee the right to use the intellectual property to the exclusion of other third parties, but the licensor retains the right to use it as well. This type of license is often misunderstood, as it is sometimes confused with exclusive licenses. However, it's important to note that a sole license does not prevent the licensor from using the intellectual property themselves.

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