Exhaustion: Imports, Exports, and the Doctrine of First Sale in Indian Copyright Law
Manupatra Intellectual Property Reports, Vol.1, pp. 149-160, February 2011
12 Pages Posted: 3 Mar 2011 Last revised: 11 Oct 2011
Date Written: February 23, 2011
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.
Keywords: Copyright, First Sale, Exhaustion, International Exhaustion, Nattional Exhaustion, Parallel Importation, Parallel Imports, Exports, India
JEL Classification: O34, O38
Suggested Citation: Suggested Citation