License Restrictions in Europe

President Upton and General Counsel Robert Kerwin met with the Head of DG Comp’s Antitrust Pharma and Health Services in Brussels last month  and discussed our view that Directive 2009/24/EC and the 2012 ECJ decision UsedSoft GmbH vs. Oracle made clear in the EC that a first sale exhausted the right to restrict licenses to subsequent acquirers.

 

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