Define: Proprietary

In law, “proprietary” typically refers to rights or interests related to property ownership. These rights include the right to possess, use, enjoy, and dispose of property, as well as the right to exclude others from it. Proprietary rights may be held by individuals, businesses, or other legal entities and can encompass various types of property, such as real estate, personal property, intellectual property, or financial assets. Proprietary interests are often governed by laws and regulations that define and protect property rights, establish ownership boundaries, and provide remedies for violations or disputes. In the context of intellectual property law, proprietary rights may refer to exclusive rights granted to creators or owners of original works, such as patents, copyrights, and trademarks, to protect their intellectual creations from unauthorised use or infringement.

The word “proprietary” indicates that a party, or proprietor, exercises private ownership, control or use over an item of property, usually to the exclusion of other parties.

A party may have interests which are similar to proprietary interests in relation to certain types of information (e.g. for a creative literary work, or for computer software), which is the subject of certain laws, including copyright, patents or trademarks. This manner of speech is often used in reference to proprietary software.

Proprietary components are components that are unique to a specific manufacturer, and do not conform to preset standards.

Historical Terms

• A proprietary colonel owed his regimental command not to promotion through the ranks, but to a venal mode of appointment by the crown. The colonelcy of a regiment formerly implied a proprietary right in it. Whether the colonel commanded it directly in the field or not, he always superintended its finance and interior economy; the emoluments of the office in the 18th century were often the only form of pay drawn by general officers. The general officers of the 17th and 18th centuries were invariably colonels of regiments, and in this case, the active regimental command was exercised by the lieutenant colonels.
• In the colonial era, a (notably British) monarch could, as a form of indirect rule, grant proprietary rights to individuals over a proprietary colony, in which the proprietors (sometimes styled Lords Proprietors) were given exclusive control, not just ownership under private law, or to a chartered company.
• Proprietor was also the secondary title of the self-styled Leaders of the semi-independent proprietary settlement Swains Island (Jennings family, US, 1856-1926) now part of American Samoa
• A proprietary member is someone whose membership of some institution is a right derived from a specific property, especially real estate. For example, the Swansea Harbour docks and over 20 miles of adjacent railways were owned and administered by a harbour trust of 26 members: the owner of the Briton Ferry estate (Earl Jersey), 4 representing the lord of the seigniory of Gower (the duke of Beaufort), 12 proprietary members and 9 elected annually by the corporation of Swansea.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.