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Parallel Imports Manoranjan

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A Presentation on Parallel Imports and Access to Knowledge

A Presentation on Parallel Imports and Access to Knowledge


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  • 1. MANORANJANLL.M (1ST YEAR), ID.NO.479BUSINESS LAW
  • 2. 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
  • 3. PARTITIONING OF THE MARKETSMONOPOLISTIC BEHAVIOURPRICE DIFFERENTIALISATION
  • 4. First Sale DoctrineExhaustion Regimes  National Exhaustion  Regional Exhaustion  International Exhaustion
  • 5. PRESENT INDIANLEGAL FRAMEWORK S.51(b)(iv) r/w S.2(m) of the Copyright Act, 1957
  • 6. DIFFICULTIES UNDER THE PRESENT INDIAN COPYRIGHT REGIME ??? Problems of Economic Access Questions of Affordability “Outdated ” Low price editionsLegal uncertainty to Libraries and Distributors
  • 7. Proposed Amendment to Copyright ActProposed 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”