Abstract

http://ssrn.com/abstract=1773723
 


 



Exhaustion: Imports, Exports, and the Doctrine of First Sale in Indian Copyright Law


Pranesh Prakash


Centre for Internet and Society

February 23, 2011

Manupatra Intellectual Property Reports, Vol.1, pp. 149-160, February 2011

Abstract:     
In this short note, the author argues that Indian courts have fundamentally misunderstood the doctrine of first sale, and consequently have wrongly held that parallel importation is disallowed by Indian law. He further looks at the ingenuity displayed by a court in prohibiting export of low-priced editions from India, and comes to the conclusion that this is also wrong in law. He believes there is a way out of this quagmire that we find ourselves in due to judicial inventions: that of accepting a proposed amendment to the Copyright Act.

Number of Pages in PDF File: 12

Keywords: Copyright, First Sale, Exhaustion, International Exhaustion, Nattional Exhaustion, Parallel Importation, Parallel Imports, Exports, India

JEL Classification: O34, O38

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Date posted: March 3, 2011 ; Last revised: October 11, 2011

Suggested Citation

Prakash, Pranesh, Exhaustion: Imports, Exports, and the Doctrine of First Sale in Indian Copyright Law (February 23, 2011). Manupatra Intellectual Property Reports, Vol.1, pp. 149-160, February 2011. Available at SSRN: http://ssrn.com/abstract=1773723

Contact Information

Pranesh Prakash (Contact Author)
Centre for Internet and Society ( email )
194, 2-C Cross,
Domlur Stage 2
Bangalore, Karnataka 560071
India
+918040926283 (Phone)
HOME PAGE: http://www.cis-india.org
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