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An exclusive right , or exclusivity , 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. 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 are a form of monopoly .

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 , copyright law , patent law , in relation to public utilities , or, in some jurisdictions, in other sui generis legislation. Many scholars argue that such rights form the basis for the concepts of property and ownership .

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.

Types of exclusive rights [ edit ]

Property [ edit ]

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 .

An exclusivity agreement (also known as a lock-out agreement) may be entered into where two parties are planning the sale of a property but have not yet reached complete agreement or concluded a contract for the sale. The exclusivity agreement will prevent the proposed seller from negotiating a sale with any other potential purchaser for a fixed period of time. ^[1]

Intellectual property [ edit ]

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 ."

History and arguments [ edit ]

In Common-Law countries, 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 inferred in Article One of the United States Constitution that copyrights and patents exist solely "To promote the Progress of Science and useful Arts".

See also [ edit ]

• Moral rights
• Natural and legal rights

References [ edit ]