Reselling used software is legal in Spain and the EU when its conditions are met.
- The basis is the exhaustion principle under Spain’s Intellectual Property Law, Royal Legislative Decree 1/1996.
- It is also recognised by the Court of Justice of the European Union in UsedSoft v Oracle, 3 July 2012, C-128/11.
- The first sale must have taken place in the EU or EEA with the rights holder’s consent, for a fee and with a permanent right of use.
- The first buyer must have made their copies unusable; Licendi takes care of these requirements.
- Registration with the manufacturer and its consent to resale are not legally required.
If anything is unclear, contact us through the chat on licendi.com or at info@licendi.com.