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A Presentation on Parallel Imports and Access to Knowledge
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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Problems of Economic AccessQuestions of Affordability“Outdated ” Low price editions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”
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