What is the difference between an exclusive and a sole licence in Scotland?
Under an exclusive licence, no one else may use the rights, not even the owner. A sole licence bars further licensees, but the owner may still use the rights.
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IP licence agreement (Scotland)
An intellectual property licence allows a person to use know-how, a patent, a design, a trade mark or a copyright work that they do not own. It specifies the licensed rights, whether exclusivity is granted, how the rights may be used, the territory and duration, any royalties, quality control, and the position once the licence comes to an end.
When you need one
You need one whenever another business is to use your inventions, designs, content, software or brand, and equally when you require permission to exploit rights that belong to someone else.
What it should contain
Licensed rights
The precise rights covered, normally listed in a schedule.
Exclusivity
Exclusive, sole or non-exclusive.
Scope
Permitted use, territory and duration.
Royalties
Fees or royalties, reporting and audit.
Quality control
Chiefly for trade marks, to safeguard the brand.
Enforcement and termination
Who pursues infringers, and the effect of termination.
Points specific to Scotland
- UK intellectual property legislation applies in Scotland in the same way. Infringement can be restrained by interdict in the Court of Session.
Different rules can apply elsewhere in the UK: see the England and Wales version of this guide.
Common mistakes
- Giving an exclusive licence without appreciating that it shuts the owner out of using the rights too.
- Licensing a trade mark with no quality controls in place.
- Leaving a licence of a registered right unrecorded, which can affect where the licensee stands.
View a specimen IP licence agreement: a concise sample of how the structure and principal clauses look when the app lays them out.
Quick answers
Does an IP licence have to be in writing in Scotland?
For an exclusive copyright licence, yes. Any licence with real value should be put in writing so that its scope and royalties are certain.
Draft your ip licence agreement now
Be Contract Wise (Scotland)'s powerful, carefully prepared drafting tools turn a short set of plain-English questions into a ip licence agreement under Scots law, laid out to a professional standard, with an explanation of every clause. Simple or complex, export to Word or PDF.
Start drafting — freeBrowse all guidesReviewed 2026-09-24. General legal information about Scots law, not legal advice.