It follows that it would be prudent to be more explicit. You could do so by using exclusive or sole as a defined term. See A–Z Guide to Boilerplate and Commercial Clauses 247, 250 (2d ed. 2006). Or you could express the intended meaning directly in the granting language. See Milgrim on Licensing § 15.33 (stating that to express the concept of a sole license, “The terminology typically employed by the draftsman is ‘exclusive license,’ subject, however, to an express reservation of the continued right to use”).
A sole license could also be understood to mean not that the licensor retains the right to make use of the intellectual property, but that prior licenses granted are preserved. Roger M. Milgrim, Milgrim on Licensing § 15.33.
position as a Visiting Assistant Professor of Law at Hofstra University School of Law. Eric will be teaching courses in patent law, copyright law and intellectual property licensing. He is also continuing his work as co-author of Milgrim on Trade Secrets and Milgrim on Licensing and author of Expert Commentaries on intellectual property issues for LexisNexis.