As far as industrial and intellectual property rights are concerned, the first-sale doctrine, which is in force, states that when rights owners sell the property covered by such rights, they deprive themselves of the opportunity to oppose for said property to spread, with the consequence that the same property can be legitimaly resold.Applying said doctrine, on July 3rd 2012 the Court of Justice (C-128/11 – Used Soft GmbH v. Oracle International) has ordained that when one obtains the right to download software without time — or other — limitations and it’s possible to transfer said software on devices, even when it’s free of charge, the subsequent selling of such devices is legitimate.Specifically, someone bought software whose seller had in turn downloaded from internet: the Court has ordained that in such a case, the second purchaser has legitimately bought the software and the rights owner cannot lay claims to said software, since the original rights were lost as a consequence of the first online selling that said owner authorized.
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