November 28
2021
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Dolores Utrilla
Dolores Utrilla
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21st September 2021
Data, Tech & IP Internal Market

Analysis: “Does the concept of ‘sale of goods’ in the Commercial Agents Directive cover the supply of a perpetual licence to computer software?” by Johanna Jacobsson

On 16 September 2021, the Court of Justice gave its judgment in The Software Incubator (C-410/19), a preliminary ruling requested by the Supreme Court of the United Kingdom. Considering that the request was made before the end of the transition period of the EU-UK Withdrawal Agreement, the Court of Justice had jurisdiction to rule in the matter. The case raises an interesting question about the concept of ‘goods’ in the context of the Commercial Agents Directive (Directive 86/653) and more specifically whether that concept may cover the supply of a licence to computer software. The Court of Justice’s answer to that question is ‘yes’. However, in line with the questions referred to it by the national court, it only considered a situation

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