QUESTION
Does an Exclusive Licensing Agreement forfeit our right to distribute?
Asked on Sep 20th, 2012 on Patents - Nebraska
More details to this question:
My company is in the midst of coming to an "Exclusive Licensing Agreement" for our product. We will give Company B "Exclusive" rights to distribute our product in China. Can we continue to distribute in China along side this or does an "Exclusive Licensing Agreement" most likely forfeit our rights to distribute?
4 ANSWERS
Insurance Regulation Attorney serving Cleveland, OH
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The Lawson Firm, LLC
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It would depend upon the scope of the exclusivity provisions of the license agreement itself. If you and your company are located in Ohio, I would be happy to review this with you. The Lawson Firm, LLC (hereinafter referred to as "TLF") does not claim expertise in the laws of jurisdictions other than those in which our attorneys are licensed.
Answered on Sep 25th, 2012 at 12:47 PM
Intellectual Property Attorney serving South Jordan, UT
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Pearson Butler
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Typically, an exclusive license in a region means that you are not able to distribute there if someone else has that license. You can agree otherwise in writing, but it then would not really be an exclusive license.
Answered on Sep 24th, 2012 at 11:05 PM
Intellectual Property Attorney serving Irvine, CA
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Shimokaji & Associates, P.C.
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It all depends on the terms of the agreement, but you have likely given up your rights.
Answered on Sep 24th, 2012 at 11:04 PM
"Exclusive Right" means exactly what it says - Company B would be the only company allowed to distribute your product in China or whatever other market(s) you agree upon.
Answered on Sep 24th, 2012 at 11:03 PM