Are exclusive and non-exclusive licensees given different rights in respect of the enforcement of the licensed IP, and if so, how do those rights differ?

Intellectual Property

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Registered designs/patents – The holder of an exclusive licence under a registered design/patent shall have the same right as the registered owner to bring proceedings for an infringement of the right committed after the date of the grant of the licence. Non-exclusive licensees do not have this right.

Plant varieties/trade marks – Exclusive and non-exclusive licensees are not given different rights.

Updated: May 23, 2017