The Swiss legal basis
The Swiss Copyright Act sets out, in Art. 12 para. 2, the principle of exhaustion. Put simply: a copy of a work that has been sold with the rights holder's consent may be resold. The rights holder cannot control its subsequent distribution.
This principle also applies to software. Anyone who has lawfully acquired a licence may therefore pass it on. European case law, in particular the ECJ ruling C-128/11 of 2012, confirmed the same principle for the EU area and expressly extended it to digitally delivered software.
What Swiss buyers should bear in mind
- Activation guarantee instead of a promise about origin. As a buyer, you cannot verify the origin of a licence yourself. What matters: a provider with a genuine commercial register entry and a valid VAT ID, plus an activation guarantee with free replacement should a key ever fail to activate. Check the retailer below yourself.
- Request a VAT invoice. A proper proof of purchase in the Swiss format is mandatory, both for tax purposes and for a possible audit.
- Realistic price. A clear discount compared with new products is normal; a dumping price is suspicious.
- Prefer a Swiss online shop. Billing in CHF, Swiss VAT and reachable support spare you exchange-rate losses and uncertainties.