Invicta IP Ltd: Incorporated in the United Kingdom under Company Registration No 7245368.
Paul Kemp, CPA, EPA: Regulated by the European Patent Institute (EPI) and by the IP Regulation Board (IPReg).
Registered address: 18c Fairfield Road, Petts Wood, Orpington BR5 1JR England.
Tel: 07905 227 034
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For these purposes an exclusive licence must:
i) Apply across the whole of the UK,
ii) Give the licensee the right:
a) to sue for infringement, or
b) relief for any infringement.
An exclusive licence may not need to be in writing and registered, for example where there is in fact an exclusive licence between a holding company and a subsidiary. However, this may prove more difficult to prove in evidence and some evidence of company policy might be required to satisfy HMRC as an alternative to a written licence.
Exclusivity must be across the whole territory of the UK but can be divided up in other ways, eg the exclusive licence to use a process might be separated from the exclusive right to sell the product of the process. To qualify, at least one aspect of the licenced rights must be granted exclusively.