Exclusive right

Exclusive right

In Anglo-Saxon law, an exclusive right is a de facto, non-tangible prerogative existing in law (that is, the power or, in a wider sense, right) to perform an action or acquire a benefit and to permit or deny others the right to perform the same action or to acquire the same benefit. Whilst a "prerogative" is in effect an exclusive right, the term is restricted for use for official state or sovereign (i.e constitutional) powers.

Exclusive rights can be established by law or by contractual obligation, but the scope of enforceability will depend upon the extent to which others are bound by the instrument establishing the exclusive right; thus in the case of contractual rights, only persons that are parties to a contract will be affected by the exclusivity.

Exclusive rights may be granted in property law and intellectual property law as well as in relation to public utilities. Many scholars argue that such rights form the basis for the concepts of property and ownership.

Types of exclusive rights


In relation to property, an exclusive right will, for the most part, arise when something tangible is acquired; as a result, others are prevented from exercising control of that thing. For example, a person may prohibit others from entering and using their land, or from taking their personal possessions. However, an exclusive right is not necessarily absolute, as an easement may allow a certain level of public access to private land.

Intellectual property

Most governments recognize a bundle of exclusive rights in relation to works of authorship, inventions, and identifications of origin. These rights are sometimes spoken of under the umbrella term "intellectual property." An example is copyright, which grants a copyright holder a negative right to exclude others from exploiting their artistic or creative work. The position is generally similar with patents and trademarks. Exclusive rights arise from a grant of patent or registration of a trademark, while in other cases such rights may arise through use (eg. copyright or common-law trademark).

Holding an intellectual property right generally means that the rights holder can maintain certain controls in relation to the subject matter in which the IP right subsists. For example, a person who buys a copy of a computer program which is subject to copyright may use the software for personal use, but will probably be prohibited from creating or distributing copies of that software, subject to certain exceptions such as fair use or fair dealing, which vary widely from jurisdiction to jurisdiction.

History and arguments

In Anglo-Saxon property law, exclusive rights have often been the codification of pre-existing social norms with regard to land or chattels.

In continental Europe there is a view that copyrights, patents, and the like are the codification of some kind of moral right, natural right, or personality right. However, such arguments can only be consistently justified through instrumentalism or consequentialism, as exemplified by the reasoning evident in Article One of the United States Constitution that copyrights and patents exist solely "To promote the Progress of Science and useful Arts."


Privately granted rights, created by contract, may occasionally appear very similar to exclusive rights, but are only enforceable against the grantee, and not the world at large.


*It is agreed by those who have seriously considered the subject, that no individual has, of natural right, a separate property in an acre of land, for instance. By a universal law, indeed, whatever, whether fixed or movable, belongs to all men equally and in common, is the property for the moment of him who occupies it; but when he relinquishes the occupation, the property goes with it. Stable ownership is the gift of social law, and is given late in the progress of society. It would be curious then, if an idea, the fugitive fermentation of an individual brain, could, of natural right, be claimed in exclusive and stable property. If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. (Thomas Jefferson to Isaac McPherson, 1813)

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Look at other dictionaries:

  • exclusive right — index monopoly, patent, possession (ownership), prerogative Burton s Legal Thesaurus. William C. Burton. 2006 …   Law dictionary

  • exclusive right — A sole and undivided right or privilege. Vicksburg v Vicksburg Waterworks Co. 202 US 453, 471, 50 L Ed 1102, 1112, 26 S Ct 660. See exclusive right of sale …   Ballentine's law dictionary

  • exclusive right — n. right reserved in an exclusive way by a particular person or group; right given by the government to persons to permit or disallow other people from taking specific actions (Law) …   English contemporary dictionary

  • exclusive right — noun a right reserved exclusively by a particular person or group (especially a hereditary or official right) suffrage was the prerogative of white adult males • Syn: ↑prerogative, ↑privilege, ↑perquisite • Derivationally related forms:… …   Useful english dictionary

  • exclusive right — noun The power, granted by the government to persons, to allow or disallow others from taking certain actions (through legal force) …   Wiktionary

  • exclusive right — One which only the grantee thereof can exercise, and from which all others are prohibited or shut out …   Black's law dictionary

  • exclusive right — One which only the grantee thereof can exercise, and from which all others are prohibited or shut out …   Black's law dictionary

  • exclusive right to sell listing — see listing Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • exclusive right of production — index copyright Burton s Legal Thesaurus. William C. Burton. 2006 …   Law dictionary

  • exclusive right of sale — The right of an agent to be the sole sale s agent appointed by his principal and to be free from competition by the principal personally. 3 Am J2d Ag § 259. Not the same exactly as an exclusive agency. An exclusive agency to sell having been… …   Ballentine's law dictionary

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