Parallel Imports Manoranjan

In The Light Of Copyright (Amendment) Bill, 2010

PARALLEL IMPORTS & RIGHT TO ACCESS TO

KNOWLEDGE

MANORANJANLL.M (1ST YEAR), ID.NO.479BUSINESS LAW

CONCEPT of PARALLEL IMPORTS

“Lawful copies of copyrighted works or other protected materials that have been legitimately placed on the market in one country, which are lawfully purchased and imported into the market of a 2nd country for sale in that market, without the lawful permission of the copyright owner ”

RIGHT TO ACCESS TO

KNOWLEDGE

Art. 26(1) of UDHR, 1948:“Everyone has the right to education………… Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.”

Art.13 of INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS(ICESCR)

GENERAL COMMENT NO.13 OF COMMITTEE OF ECONOMIC, SOCIAL & CULTURAL RIGHTS ON RIGHT TO EDUCATION ON ECONOMIC ACCESS

Copyright & Right to Access to Knowledge :The Hindrances

PARTITIONING OF THE MARKETS

MONOPOLISTIC BEHAVIOUR

PRICE DIFFERENTIALISATION

DOCTRINE OF EXHAUSTION

First Sale Doctrine Exhaustion Regimes

National Exhaustion Regional Exhaustion International Exhaustion

S.51(b)(iv) r/w S.2(m) of the Copyright Act, 1957

PRESENT INDIAN LEGAL FRAMEWORK

DIFFICULTIES UNDER THE

PRESENT INDIAN COPYRIGHT REGIME ???

Problems of Economic AccessQuestions of Affordability“Outdated ” Low price editions

Legal uncertainty to Libraries and Distributors

Proposed Amendment toCopyright Act

Proposed S.2(m) in Copyright (Amendment) Bill, 2010:

“Provided that a copy of a work published in any country outside India with the permission of the author of the work and imported from that country into India shall not be deemed to be an infringing copy”