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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

Pranesh Prakash

Centre for Internet and Society

Date Written: February 23, 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.

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

JEL Classification: O34, O38

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: https://ssrn.com/abstract=1773723

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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