exclusivité

Exclusivité, or exclusivity, refers to a legal or contractual arrangement in which one party is granted exclusive rights to a product, service, or asset, preventing others from using, selling, or marketing it within a defined geographic area, market, or time period. The term derives from French and is commonly used in business, law, real estate, and licensing.

In practice, exclusivity can take several forms: exclusive licenses grant one licensee the sole right to use a copyright, trademark, or patent; exclusive distribution or sales rights prevent other distributors in the territory; exclusive dealing contracts may restrict sellers from engaging with competing buyers; and in real estate, an exclusive listing bars other agents from marketing the property.

In regulatory contexts, exclusivity may be granted for a fixed period to encourage investment, such as pharmaceutical market exclusivity and data exclusivity, which protect test data from competitors; or in media and publishing contexts where exclusive publication or distribution rights are granted to a single entity.

The scope is usually defined by territory, field of use, and duration, with conditions for renewal or termination. Exclusivity can affect competition: it can promote investment and brand control, but may reduce consumer choices or raise prices, raising competition-law concerns in many jurisdictions.

Examples include an author granting exclusive publishing rights to a single publisher in a country, or a software firm granting exclusive distribution rights to a regional distributor.