Resale Of Computer Programs Under The Draft Amendment To Turkish Law On Intellectual And Artistic Works

While resale of computer programs is assessed in the light of the exhaustion of rights principle under Copyright Law, it is discussed with the concept of "parallel trade" under Commercial Law. In today's world, almost every commodity/service carries a trademark or comprises an artistic work; thus, it is necessary to reconcile the principle of free trade with the rights of the author granted by Copyright Law.  In fact, the long debated principle that "the right holder cannot intervene the work or its copies after the first sale of the original of a work or copies thereof", is an inseparable part of the concept of "free trade". Any rights to be given to the author of a work will be an obstacle to free trade. Thus, this principle is addressed and discussed in all commerce related directives and studies on intellectual property rights.