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

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

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Volume 5 Issue 4 ()

In this article, I argue that Indian courts have fundamentally misunderstood the doctrine of first sale, and consequently have wrongly held that parallel importation is disallowed by Indian law. I further look at the ingenuity displayed by a court in prohibiting export of low-priced editions from India, and come to the conclusion that this is also incorrect in law. Finally, I note that there is an easy way out of this quagmire that we find ourselves in due to judicial inventions, which is of accepting the proposed amendment to the Copyright Act, 1957.

Cite as: Pranesh Prakash, Exhaustion: Imports, Exports, and the Doctrine of First Sale in Indian Copyright Law, 5 NUJS L. Rev. 635 (2012)

Disclaimer: All articles of Issue 5 (4) of the NUJS Law Review will be released online once the print copy is out