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Assignment rights in software licences after Usedsoft

by Richard Kemp, Kemp IT Law, and Practical Law IP&IT

Assignment rights in software licences after Usedsoft

by Richard Kemp, Kemp IT Law, and Practical Law IP&IT

This note discusses the effect that the ECJ's decision in UsedSoft GmbH v Oracle International Corp (Case C-128/11) and Brexit may have on the sale of software licences. It provides guidance on how licensors may wish to amend their licences to reflect the court's interpretation of exhaustion and the impact of Brexit in this context.

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