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. 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. Not all franchise companies offer exclusive rights to franchise partners many franchise for sale businesses offer restrictions on the selling prices
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Famous quotes containing the word exclusive:
“That food has always been, and will continue to be, the basis for one of our greater snobbisms does not explain the fact that the attitude toward the food choice of others is becoming more and more heatedly exclusive until it may well turn into one of those forms of bigotry against which gallant little committees are constantly planning campaigns in the cause of justice and decency.”
—Cornelia Otis Skinner (1901–1979)