First Swiss decision on the resale of software

The Cantonal Court of Zug has recently lifted a previously issued ex parte injunction against usedSoft, Europe’s largest reseller of software licenses, thereby allowing usedSoft to trade with Adobe software. After hearing usedSoft's arguments, the court ruled that the sale of a software product leads to an exhaustion of the distribution right and that the product can be legally resold, provided that the first buyer deleted the product from his computers.

This is the first Swiss decision on the resale of software. usedSoft was represented by Lenz & Staehelin. The team was led by Thierry Calame and also included Marc Mauerhofer and Philipp Frech.