The exclusive licence is a kind of alternative to the transfer of copyright.
It can be useful, for example, when the author of a work is not interested in personally exploiting his/her work, but would like to commercialise it and not lose his/her exclusive rights.
In contrast, it is characterised by the authorisation of a third party to make exclusive use of a given work in a contractually defined way.
For example, an exclusive licensee may obtain the right to use a poster produced by the licensor only within the territory of Poland for a period of 5 years in order to reprint it and market its copies.
The above means that no other entity in Poland has the right to reprint a given poster and market its copies – including the licensor itself – during the indicated period.
Therefore, it is possible to conclude several exclusive licence agreements for a given work. The most important thing is that their scopes do not overlap simultaneously in terms of subject matter, time or territory.
An exclusive licence agreement must be in writing under pain of invalidity. Otherwise, the licence granted will be deemed to be a non-exclusive licence – about which in the next article.
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