An exclusive right, or exclusivity, is a ''de facto'', non-tangible

prerogative In law, a prerogative is an exclusive right bestowed by a government or State (polity), state and invested in an individual or group, the content of which is separate from the body of rights enjoyed under the general law. It was a common facet of ...

existing in law (that is, the power or, in a wider sense,

right Rights are law, legal, social, or ethics, ethical principles of freedom or Entitlement (fair division), entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal sy ...

) 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. Exclusive rights are a form of

monopoly A monopoly (from Greek language, Greek and ) is a market in which one person or company is the only supplier of a particular good or service. A monopoly is characterized by a lack of economic Competition (economics), competition to produce ...

. 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 Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual prope ...

copyright law A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, e ...

patent law A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A ...

, in relation to public utilities, or, in some jurisdictions, in other ''

sui generis ( , ) is a Latin phrase that means "of its/their own kind" or "in a class by itself", therefore "unique". It denotes an exclusion to the larger system an object is in relation to. Several disciplines use the term to refer to unique entities. ...

'' legislation. Many scholars argue that such rights form the basis for the concepts of

property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, re ...

and

ownership Ownership is the state or fact of legal possession and control over property, which may be any asset, tangible or intangible. Ownership can involve multiple rights, collectively referred to as '' title'', which may be separated and held by dif ...

. Privately granted rights, created by

contract A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...

Contract killing, may occasionally appear very similar to exclusive rights, but are only enforceable against the grantee, and not the world at large. A "prerogative" is in effect an exclusive right. The term is restricted for use for official state or sovereign (i.e., constitutional) powers.

Types of exclusive rights

Property

In relation to

, 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 Land, also known as dry land, ground, or earth, is the solid terrestrial surface of Earth not submerged by the ocean or another body of water. It makes up 29.2% of Earth's surface and includes all continents and islands. Earth's land sur ...

, or from taking their personal possessions. However, an exclusive right is not necessarily absolute, as an

easement An easement is a Nonpossessory interest in land, nonpossessory right to use or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B" ...

may allow a certain level of public access to

private property Private property is a legal designation for the ownership of property by non-governmental Capacity (law), legal entities. Private property is distinguishable from public property, which is owned by a state entity, and from Collective ownership ...

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.

Intellectual property

Most jurisdictions 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 Hypernymy and hyponymy are the wikt:Wiktionary:Semantic relations, semantic relations between a generic term (''hypernym'') and a more specific term (''hyponym''). The hypernym is also called a ''supertype'', ''umbrella term'', or ''blanket term ...

intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, co ...

History and arguments

common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

jurisdictions, exclusive rights have often been the codification of pre-existing

social norm A social norm is a shared standard of acceptance, acceptable behavior by a group. Social norms can both be informal understandings that govern the behavior of members of a society, as well as be codified into wikt:rule, rules and laws. Social norma ...

s with regard to land or chattels. In the UK case of ''RCS v Pollard'' 983 Ch 135, a claim by the legal owners of an exclusive right in relation to the records of the singer

Elvis Presley Elvis Aaron Presley (January 8, 1935 – August 16, 1977) was an American singer and actor. Referred to as the "King of Rock and Roll", he is regarded as Cultural impact of Elvis Presley, one of the most significant cultural figures of the ...

against a seller of unofficial recordings was lost because selling the unofficial recordings did not interfere with the Presley estate's liberty to exercise their exclusive right.Scott, J. M. and Laney, A.
Economic Torts: Are Two Torts Better Than One?
''Crown Office Chambers'', paragraph 23, published on 14 September 2007, archived on 29 December 2009, accessed on 20 August 2024 In

continental Europe Continental Europe or mainland Europe is the contiguous mainland of Europe, excluding its surrounding islands. It can also be referred to ambiguously as the European continent, – which can conversely mean the whole of Europe – and, by som ...

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 Article One of the Constitution of the United States establishes the legislative branch of the Federal government of the United States, federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consist ...

that copyrights and patents exist solely "To promote the Progress of Science and useful Arts".

References

{{DEFAULTSORT:Exclusive Right Common law Rights

Types of exclusive rights

Property

Intellectual property

History and arguments

See also

References