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Thomas Abraham's Rebuttal on Parallel Importation: by Pranesh Prakash — published Feb 10, 2011 — last modified Aug 04, 2011 04:47 AM — filed under: Consumer Rights, Copyright, Access to Knowledge
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
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: Intellectual Property Rights
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
Comments to the Ministry on WIPO Broadcast Treaty (March 2011): by Pranesh Prakash — published Mar 21, 2011 — last modified Dec 14, 2012 10:29 AM — filed under: Access to Knowledge, Intellectual Property Rights, Broadcasting, Submissions, Technological Protection Measures
As a follow up to a stakeholder meeting called by the MHRD on the WIPO Broadcast Treaty, CIS provided written comments on the April 2007 Non-Paper of the WIPO Broadcast Treaty, emphasising the need for a signal-based approach to be taken on the Broadcast Treaty, and making it clear that India should continue to oppose the creation of new rights for webcasters.
Located in Access to Knowledge / Blogs
CIS-TWN Analysis of WIPO Treaty for the Print Disabled (SCCR/22/15): by Pranesh Prakash — published Oct 04, 2011 — last modified Oct 12, 2011 08:29 AM — filed under: Intellectual Property Rights, Accessibility, Access to Knowledge, WIPO
CIS and the Third World Network (TWN) conducted a quick analysis of the "Consensus document on an international instrument on limitations and exceptions for persons with print disabilities presented by Argentina, Australia, Brazil, Chile, Ecuador, Mexico, Paraguay, and the United States of America" presented as WIPO document numbered SCCR/22/15.
Located in Access to Knowledge / Blogs
Statement of CIS on the WIPO Broadcast Treaty at the 23rd SCCR: by Pranesh Prakash — published Nov 29, 2011 — last modified Nov 30, 2011 06:55 AM — filed under: Access to Knowledge, Copyright, Intellectual Property Rights, Broadcasting, WIPO
The twenty-third session of the Standing Committee on Copyright and Related Rights is being held in Geneva from November 22, 2011 to December 2, 2011. Pranesh Prakash delivered this statement on a new proposal made by South Africa and Mexico (SCCR/23/6) on a treaty for broadcasters.
Located in Access to Knowledge / Blogs
Comment by CIS at ACE on Presentation on French Charter on the Fight against Cyber-Counterfeiting: by Pranesh Prakash — published Dec 01, 2011 — last modified Dec 01, 2011 11:59 AM — filed under: Access to Knowledge, Copyright, Privacy, Freedom of Speech and Expression, Intellectual Property Rights, Piracy, Censorship, WIPO
The seventh session of the World Intellectual Property Organization's Advisory Committee on Enforcement is being held in Geneva on November 30 and December 1, 2011. Pranesh Prakash responded to a presentation by Prof. Pierre Sirinelli of the École de droit de la Sorbonne, Université Paris 1 on 'The French Charter on the Fight against Cyber-Counterfeiting of December 16, 2009' with this comment.
Located in Access to Knowledge / Blogs
CIS Intervention on Future Work of the WIPO Advisory Committee on Enforcement: by Pranesh Prakash — published Dec 01, 2011 — filed under: Development, Access to Knowledge, Copyright, Intellectual Property Rights, WIPO
The seventh session of the World Intellectual Property Organization's Advisory Committee on Enforcement (ACE) is being held in Geneva on November 30 and December 1, 2011. Pranesh Prakash intervened during the discussion of future work of the ACE with this comment.
Located in Access to Knowledge / Blogs
Calling Out the BSA on Its BS: by Pranesh Prakash — published Sep 09, 2011 — last modified Sep 14, 2011 06:16 PM — filed under: Piracy, Intellectual Property Rights, Access to Knowledge
The Business Software Alliance (BSA) is trying to pull wool over government officials' eyes by equating software piracy with tax losses. Pranesh Prakash points out how that argument lacks cogency, and that tax losses would be better averted if BSA's constituent companies just decided to pay full taxes in India.
Located in Access to Knowledge / Blogs
Consumers International IP Watchlist 2011 — India Report: by Pranesh Prakash — published May 17, 2011 — last modified May 29, 2014 05:52 AM — filed under: Access to Knowledge
Pranesh Prakash prepared the India Report for the Consumers International IP Watchlist 2011. The report was published on the A2K Network website.
Located in Access to Knowledge / Blogs
Analysis of the Copyright (Amendment) Bill 2012: by Pranesh Prakash — published May 23, 2012 — last modified Nov 12, 2013 02:13 PM — filed under: Access to Knowledge, Fair Dealings, Piracy, Intellectual Property Rights, Economics, Intermediary Liability, Featured, Technological Protection Measures
There are some welcome provisions in the Copyright (Amendment) Bill 2012, and some worrisome provisions. Pranesh Prakash examines five positive changes, four negative ones, and notes the several missed opportunities. The larger concern, though, is that many important issues have not been addressed by these amendments, and how copyright policy is made without evidence and often out of touch with contemporary realities of the digital era.
Located in Access to Knowledge / Blogs

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