Sale of software in United Kingdom : Case study

In a case pending in the Court of Appeal in 2018, the judge referred to the rigid UK judicial procedure for dealing with intangible property, which can be traced back to the ambiguous wording of Section 61 of the sale of goods Act, to the relationship of the commercial agents. This extension leads to an appeal and a question to the Court of Justice of the European Union as to whether the software is a goods in relation to trade agents and under the 1986 The Commercial Agents (Council Directive) Regulations. In the present article, while examining some of the most important cases of the British judicial system in dealing with software purchase and sale contracts and counting it as (goods) or intellectual property, the current case is also dealt with and Finally, a solution is provided to synchronize the UK judicial system with the advancement of technology and the need for software transactions and support for business agents. This approach is summarized in the development of the concept of chose in possession over digital content along with their physical carrier or the recognition and validity of third right over chose in action and chose in possession. In the first approach, digital content must be sold with a physical carrier, while if the second approach is accepted, there is no need for a physical carrier, and digital content without a carrier can be sold.