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Exhaustion: Imports, Exports, and the Doctrine of First Sale in Indian Copyright LawPranesh PrakashCentre 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 Accepted Paper SeriesDate posted: March 3, 2011 ; Last revised: October 11, 2011Suggested CitationContact Information
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