Research output: Contribution to journal › Article
Goods with embedded software : Obligations under Section 12 of the Sale of Goods Act 1979. / Thomas, Sean.
In: International Review of Law, Computers and Technology, Vol. 26, No. 2-3, 01.11.2012, p. 165-183.Research output: Contribution to journal › Article
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TY - JOUR
T1 - Goods with embedded software
T2 - Obligations under Section 12 of the Sale of Goods Act 1979
AU - Thomas, Sean
PY - 2012/11/1
Y1 - 2012/11/1
N2 - The Sale of Goods Act 1979, section 12 imposes obligations on sellers. Sellers must have the right to sell the goods, and they impliedly warranty that the buyer will enjoy quiet possession. Actions by intellectual property rights holders can lead to liability for sellers for breach of the section 12 obligations. Recent technological change has brought about the development of goods that operate in conjunction with software. The extent of the relationship between goods and software varies, but the level of integration may be sufficient to consider the software 'embedded' within goods. To what extent can the holders of intellectual property rights in software extend their interest into goods with embedded software? Can a third-party sub-purchaser escape the reach of the intellectual property rights? A reform proposal is made that would enable sub-purchasers to avoid the problems of pre-existing intellectual property rights in goods with embedded software.
AB - The Sale of Goods Act 1979, section 12 imposes obligations on sellers. Sellers must have the right to sell the goods, and they impliedly warranty that the buyer will enjoy quiet possession. Actions by intellectual property rights holders can lead to liability for sellers for breach of the section 12 obligations. Recent technological change has brought about the development of goods that operate in conjunction with software. The extent of the relationship between goods and software varies, but the level of integration may be sufficient to consider the software 'embedded' within goods. To what extent can the holders of intellectual property rights in software extend their interest into goods with embedded software? Can a third-party sub-purchaser escape the reach of the intellectual property rights? A reform proposal is made that would enable sub-purchasers to avoid the problems of pre-existing intellectual property rights in goods with embedded software.
KW - embedded software
KW - intellectual property
KW - sale of goods
UR - http://www.scopus.com/inward/record.url?scp=84864915900&partnerID=8YFLogxK
U2 - 10.1080/13600869.2012.698454
DO - 10.1080/13600869.2012.698454
M3 - Article
VL - 26
SP - 165
EP - 183
JO - International Review of Law, Computers and Technology
JF - International Review of Law, Computers and Technology
SN - 1360-0869
IS - 2-3
ER -