Attorney Koslyn is entirely correct. I would note that there is a middle ground, called a "sole" license, neither exclusive nor non-exclusive. A sole license means the only licensee will be the licensee, but that the licensor retains a license (i.e. sole = exclusive except for licensor). As Attorney Koslyn notes, there may be a case to be made for converting a non-performing exclusive licensee to sole licensee or even non-exclusive licensee depending on the facts of the case.
Bruce E. Burdick Alton Intellectual Property Law Attorney
Posted over 14 years ago.
Attorney Koslyn is entirely correct. I would note that there is a middle ground, called a "sole" license, neither exclusive nor non-exclusive. A sole license means the only licensee will be the licensee, but that the licensor retains a license (i.e. sole = exclusive except for licensor). As Attorney Koslyn notes, there may be a case to be made for converting a non-performing exclusive licensee to sole licensee or even non-exclusive licensee depending on the facts of the case.