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An exclusive right is the power, granted by the state to persons to prevent ("exclude") all others from taking certain actions.Exclusive rights are found in property law, intellectual property law, and public utilities. Many scholars argue that they form the basis for the institution of private property.
In ordinary property law, exclusive rights (such as the right to prevent others from entering or using land, or the right to prevent others from taking an object) have often been the codification of pre-existing social norms with regard to land or chattels.
Although some scholars (particularly in continental Europe) argue that exclusive "intellectual property" rights, such as those attached to copyrights or patents, are the codification of some kind of moral right, natural right or personality right, they can only be consistently justified through instrumentalismIn the philosophy of science, instrumentalism is the view that concepts and theories are merely useful instruments whose worth is measured not by whether the concepts and theories are true or false (or correctly depict reality), but how effective they are or consequentialismConsequentialism is the belief that what ultimately matters in evaluating actions or policies of action are the consequences that result from choosing one action or policy rather than the alternative. Defining consequentialism Consequentialism is sometime.
Privately granted rights, created by contractA contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. The promise or promises may be express (either written or oral) or may be implied from circumstances. Typically, the remedy for br, may occasionally appear very similar to exclusive rights, but they are only enforceable against the grantee, and not the world at large.
LawThis article is about law in society. For other possible meanings, see law (disambiguation). Law (a loanword from Danish-Norwegian lov , in politics and jurisprudence, is a set of rules of conduct which mandate or proscribe (or both) specified relationshi
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