According to the European rules and case law, if the distribution right to the copy of a software program has been exhausted, the original purchaser can sell the software to a third party, whereas the creator of the software cannot prevent such a sale.
Moreover, the distribution right to the individual copy of a software program is exhausted even if the software was downloaded (instead of bought on a physical medium), which means such a software can be further sold on by providing the download link and the license key.
The client was interested in whether software can be sold through a similar process in Russia. Although there are no relevant precedents in Russian case law, EPAM successfully provided the client with competent legal advice.
The team working on the project was led by Partner and Head of the European Desk Ilona Zekely, and included Partner, Head of IP Practice Pavel Sadovsky and Senior Associate Maxim Burda.
