NSW Commercial Law - Can We Claim Exclusivity?

[OzzieImporter]

We have been the only ones importing a product for the last 4 years - even though we didn't have anything written, can we say we had exclusivity under Commercial Law?

 

[Rob Legat - SBPL]

Exclusivity for what? Importing, sales, distribution....

 

[OzzieImporter]

Hi Rob, exclusivity in importing & distribution. We're wanting to claim that as we were the only ones importing and selling the product over several years that we had effective exclusivity - the supplier is saying we didn't have any exclusivity.

 

[Rob Legat - SBPL]

Unless you have been granted specific rights to exclusivity you don't have them. You may claim that you are the only seller in Australia, but that wouldn't extend to excluding anyone else from selling or importing.

 

[Tim W]

I agree with @Rob Legat - SBPL.
You might be the "only" importer and distributor,
but that does not in itself make you "exclusive".