CJEU: Sale of goods includes electronic delivery of computer software with grant of perpetual user license

28-01-2022 Print this page
IPPT20210916, CJEU, Software Incubator v Computer Associates 

The term 'sales of goods' includes electronic delivery of computer software: the concept of 'sales of goods' referred to in Article 1(2) of Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents must be interpreted as meaning that it may refer to the electronic delivery of computer software to a customer against payment of a price, when such delivery is accompanied by the granting of a permanent license to use that software. 

 

IP Rights in Rem - Property Law

 

Questions referred:

1) Where a copy of computer software is supplied to a principal’s customers electronically, and not on any tangible medium, does it constitute goods within the meaning of that term as it appears in the definition of a commercial agent in Article 1(2) of Council Directive 86/653/EEC of December 1986 on the co-ordination of the laws of Member States relating to self-employed commercial agents (Directive)?

2) Where computer software is supplied to a principal’s customers by way of the grant to the customer of a perpetual license to use a copy of the computer software, does that constitute a sale of goods within the meaning of that term as it appears in the definition of commercial agent in Article 1(2) of the Directive?

 

IPPT20210916, CJEU, Software Incubator v Computer Associates 

 

ECLI:EU:C:2021:742