GRP Rainer LLP

Distribution and Sale of Used Software Licenses

The rights of software licenses may not simply be transferred with the sale of authenticity certificates.


Cologne, Germany -- (SBWIRE) -- 08/20/2013 -- GRP Rainer Attorneys and Tax Advisors in Cologne, Berlin, Bonn, Bremen, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg and Stuttgart explain: This was the decision of the District Court (LG) Frankfurt/M. with its judgment from September 27, 2012 (file ref. no.: 2-03 O 27/12). The District Court Frankfurt/M. has now decided that rights shall not be transferred with the sale of authenticity certificates. The acquisition of such authenticity certificates does not entail gaining the rights derived from the holder of the copyright for permission to reproduce the respective software.

The District Court had to decide a case in which the plaintiff maintained that it’s copyright was violated by the sale of certificates of authenticity because the software licenses were not embodied in the sale.

The District Court allowed the claim and granted the plaintiffs an injunction. The Court held that rights should not already be acquired with the simple sale of the certificates of authenticity.

Distribution rights include a plethora of regulations which provide for the distribution of goods and services. Distribution takes place primarily between contractors and sales representatives as well as distributors, but also between franchisor and franchisee. In addition, the international distribution of goods has become more and more important. An attorney experienced in commercial law provides extensive consultation in legal issues in the area of national and international distribution law.

Various legal norms must be taken into consideration to gain a vantage point of the full scope of distribution law. Regulations pertaining to the law of distribution is not only found in the German Civil Code (BGB) but also in the German Commercial Code (HGB). Furthermore, important provisions in competition law, antitrust law, and international law must also be taken into account. In order to make full use of these, an experienced attorney is necessary in most cases.

An attorney takes over the responsibilities of establishing contractual agreements between commercial agents and authorized-dealers, general terms and conditions, and franchise agreements for you. Also, an attorney practicing in the area of distribution law checks the competition and license contract agreement aspects of distribution relations.

But also with existing business relationships, an experienced attorney can provide you with further assistance. In addition, a skilled attorney can support you to enforce claims for damages both in court and out-of-court.

About GRP Rainer LLP
GRP Rainer LLP is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

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GRP Rainer LLP
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