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Blog Entry Exhaustion: Imports, Exports and the Doctrine of First Sale in Indian Copyright Law
by Pranesh Prakash — published Feb 25, 2011 — last modified May 29, 2014 06:18 AM — filed under:
This article by Pranesh Prakash was published in the Manupatra Intellectual Property Reports, February 2011, Volume 1, Part 2, pp. 149-160. In this short note, the author argues that Indian courts have fundamentally misunderstood the doctrine of first sale, and consequently have wrongly held that parallel importation is disallowed by Indian law. He further looks at the ingenuity displayed by a court in prohibiting export of low-priced editions from India, and comes to the conclusion that this is also wrong in law. He believes there is a way out of this quagmire that we find ourselves in due to judicial inventions: that of accepting a proposed amendment to the Copyright Act.
Located in Access to Knowledge / Blogs
Blog Entry Engaging on the Digital Commons
by Pranesh Prakash — published Feb 25, 2011 — last modified Aug 20, 2011 12:56 PM — filed under: , , ,
We at the Centre for Internet and Society are very glad to be able to participate in the 13th Biennial Conference of the International Association for the Study of the Commons (IASC). Our interest in the conference arises mainly from our work in the areas of intellectual property rights reform and promotion of different forms of ‘opennesses’ that have cropped up as a response to perceived problems with our present-day regime of intellectual property rights, including open content, open standards, free and open source software, open government data, open access to scholarly research and data, open access to law, etc., our emerging work on telecom policy with respect to open/shared spectrum, and the very important questions around Internet governance. The article by Sunil Abraham and Pranesh Prakash was published in the journal Common Voices, Issue 4.
Located in Openness / Blog
Blog Entry CIS Para-wise Comments on Intermediary Due Diligence Rules, 2011
by Pranesh Prakash — published Feb 25, 2011 — last modified Jul 11, 2012 10:27 AM — filed under: , ,
On February 7th 2011, the Department of Information Technology, MCIT published draft rules on its website (The Information Technology (Due diligence observed by intermediaries guidelines) Rules, 2011) in exercise of the powers conferred by Section 87(2)(zg), read with Section 79(2) of the Information Technology Act, 2000. Comments were invited from the public before February 25th 2011. Accordingly, Privacy India and Centre for Internet and Society, Bangalore have prepared the following para-wise comments for the Ministry’s consideration.
Located in Internet Governance / Blog
Blog Entry CIS Comments on the Interoperability Framework for e-Governance (Phase I)
by Pranesh Prakash — published Feb 23, 2011 — last modified May 22, 2013 10:48 AM — filed under: , ,
In November 2010, the Central Government released the Draft 0.6 of the Technical Standards for the Interoperability Framework for e-Governance (Phase I), requesting comments by January 27, 2011. Here are the comments that CIS submitted.
Located in Openness / Blog
Blog Entry Thomas Abraham's Rebuttal on Parallel Importation
by Pranesh Prakash — published Feb 10, 2011 — last modified Aug 04, 2011 04:47 AM — filed under: , ,
We engaged in an e-mail conversation with Thomas Abraham, the managing director of Hachette India, on the issue of parallel importation of books into India. We thought it would be in the public interest to publish a substantive part of that conversation. In this post he points at great length how our arguments are faulty. While we still believe that he doesn't succeed, we hope this will clarify matters a bit.
Located in Access to Knowledge / Blogs
Blog Entry Indian Law and "Parallel Exports"
by Pranesh Prakash — published Feb 01, 2011 — last modified Aug 04, 2011 04:47 AM — filed under: , ,
Recently, a lawyer for the publishing industry made the claim that allowing for parallel importation would legally allow for the exports of low-priced edition. Here we present a legal rebuttal of that claim.
Located in Access to Knowledge / Blogs
Blog Entry Why Parallel Importation of Books Should Be Allowed
by Pranesh Prakash — published Jan 25, 2011 — last modified Feb 01, 2019 05:41 PM — filed under: , ,
There has been much controversy lately with some publishers trying to stop the government from amending s.2(m) of the Indian Copyright Act, clarifying that a parallel import will not be seen as an "infringing copy". This blog post argues that the government should, keeping in mind the larger picture, still go ahead and legalise parallel imports.
Located in Access to Knowledge / Blogs
Blog Entry The Online Video Environment in India - A Survey Report
by Pranesh Prakash — published Jan 25, 2011 — last modified Oct 03, 2011 09:31 AM — filed under: , , ,
iCOMMONS, the OPEN VIDEO ALLIANCE, and the CENTRE FOR INTERNET AND SOCIETY have initiated a research project which seeks to survey the online video environment in India and the opportunities this new medium presents for creative expression and civic engagement. This report seeks to define key issues in the Indian context and begins to develop a short-term policy framework to address them.
Located in Openness
Blog Entry New Release of IPR Chapter of India-EU Free Trade Agreement
by Pranesh Prakash — published Jan 12, 2011 — last modified Sep 22, 2011 12:34 PM — filed under: , , ,
A draft of the IPR chapter of the EU-India FTA, made publicly available now for the first time, provides insight into India's response in July 2010 to several EU proposals on intellectual property protection and enforcement.
Located in Access to Knowledge / Blogs
Blog Entry Call for Comments for Report on the Online Video Environment in India
by Pranesh Prakash — published Dec 21, 2010 — last modified Dec 14, 2012 12:12 PM — filed under: , ,
The Open Video Alliance, the Centre for Internet and Society and iCommons are pleased to announce a public call for comments on version 1 of "Online Video Environment in India: A Survey Report".
Located in Openness / Blog
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