legal issues

With a ruling of the European Court of Justice from 03.07.2012, a new and emerging sector was finally given the go-ahead. It is the famous and well-known decision in the IT industry in a dispute between a seller of used software with a software giant. The latter has defended itself against the sale of its used software. The dispute was carried through all instances, so that in the end the highest court existing in Europe, the European Court of Justice had to make a decision - for the free market economy and for the anyway existing legal situation in the copyright of Europe.

In Europe, the so-called principle of exhaustion applies. This means that if you launch a copyrighted product on the market for the first time in Europe, the rights to it are basically exhausted. This means that you have the free choice to sell the product again - second-hand

Since the ECJ ruling, this also applies to software - regardless of whether it was sold on CD or online. It is therefore allowed to trade with these goods even second-hand.

There are, of course, some rules that have to be observed. This is part of everyday business life in an increasingly complex and bureaucratized world - no rule without exception.

We are specialists in this field. We are a team having many years of experience in the fields of IT, sales and legal advice. Two of the co-founders are German lawyers, one of them has also been admitted as an EU-Advokat in Denmark and has an additional master's degree in European Intellectual Property Law. We know the hurdles and requirements. So we can help you effectively and quickly. You profit from our competence and above all from the enormous savings compared to the purchase of new software.

rules for transferring licenses

• The first licensee purchased the licenses with the consent of the copyright holder.

• The first acquirer purchased licenserne i EU eller EØS-stat.

• The first licensee will ensure that the licenses are uninstalled, not used.

• The licenses were fully paid, not leased.

• Licenses are not subjected to any third party rights.