Types of Licence. 3.1. This Licence will fall within one of the following categories. Because each successive holder of this Licence can gain no more rights than the previous holder, the category will be that under which the licence was obtained by the first legitimate holder of it. Details of that category will be contained on the Licence Certificate granted to the first holder. NOTE THAT POSSESSION OF THE LICENCE CERTIFICATE IS NOT CONCLUSIVE PROOF OF A VALID LICENCE. IT IS MERELY EVIDENCE OF THE RIGHTS GRANTED TO THE FIRST HOLDER OF THE LICENCE.
Types of Licence. Exclusive and Non-Exclusive POL18 A licence is exclusive if only one licensee obtains authorisation to use it, ie, the licensor contracts not to grant a licence to other parties (in the scope cov- ered by the licence). A licence is non-exclusive if the licensee can give the licence to many entities. POL19 An exclusive licence (one that obliges the licensor not to give further licences) also could contain the licensor’s obligation not to use the intellectual property right (eg, patent, trade mark, and copyright) itself. This is a so-called sole licence. It also is possible to execute an exclusive licence agreement under which the licensor is still able to use the intellectual property right, though it undertakes not to give further licences.1 POL20 A sole exclusive worldwide licence is quite similar to assignment of an intellectual property right. Exclusivity also may be limited in place, meaning the licensee enjoys a protected area of exclusivity, in subject matter, meaning the licensee enjoys exclusivity for certain usages of the intellectual property but not for other forms of use, and in time. Compulsory and Legal POL21 Compulsory licences are granted by an authoritative (usually govern- ment) body for reasons of public policy. Compulsory licences are non-exclusive and the party exploiting the right pays royalties to the licensor. POL22 According to the Industrial Property Law, a compulsory licence may be granted for exploiting an invention, a utility model, an industrial design, or a topography. According to the Plant Variety Protection Act, a compulsory licence may be granted for exploiting a plant variety. POL23 The Copyright Act provides for so-called legal licences and so-called permissible (fair) use of protected works. Legal licences and the institution of permissible use limit the authors’ exclusivity to use and dispose of the protected work for reasons of public policy.
Types of Licence
