Tag Archives: Chris Wilkinson

ILN Today Post

Is software a “good”?

In a recent decision, the Court of Appeal has determined that the Commercial Agents (Council Directive) Regulations 1993 (Regulations) do not apply when the agent in question is engaged in respect of the sale of tangible property – electronic goods cannot be regarded as such. Thus agents engaged in the sale of electronic items (such as computer code or software) should be aware that they may not be provided with the protections offered by the Regulations and should take steps to ensure that appropriate contractual protections are in place.

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