A Presentation on Parallel Imports and Access to Knowledge

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

5. 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

6. PARTITIONING OF THE MARKETS
MONOPOLISTIC BEHAVIOUR
PRICE DIFFERENTIALISATION

7. First Sale Doctrine
Exhaustion Regimes
 National Exhaustion
 Regional Exhaustion
 International Exhaustion

8. PRESENT INDIAN
LEGAL FRAMEWORK
S.51(b)(iv) r/w S.2(m) of the
Copyright Act, 1957

9. DIFFICULTIES UNDER
THE PRESENT INDIAN
COPYRIGHT REGIME ???
 Problems of Economic Access
Questions of Affordability
“Outdated ” Low price editions
Legal uncertainty to Libraries and Distributors

10. Proposed Amendment to
Copyright 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”