First-sale argument fails in export of Indian editions

By Abhai Pandey, Lex Orbis IP Practice
0
1141

In Pearson Education & Ors v Prabhat Chander Kumar Jain & Ors Delhi High Court discussed an interesting question on infringement of copyright under the Indian Copyright Act, 1957.

Abhai Pandey Lex Orbis IP Practice
Abhai Pandey
Lex Orbis IP Practice

The plaintiffs, which are foreign publishing houses, and their exclusive licensees sell low-priced editions of educational books in the Indian sub-continent. While the content of the Indian and US editions of these books are the same, the quality of paper used, the printing and the accompanying online features are notably different. With the Indian edition of some books being up to US$150 cheaper, the two editions are also priced differently.

The defendants, which are companies incorporated in India, set up a web site to sell the low-priced Indian editions to customers in the US. This triggered the present lawsuit in India that sought to shut down the defendants’ business and website.

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.

你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章,欢迎成为我们的订阅会员成为我们的订阅会员

Abhai Pandey is an attorney-at-law with New Delhi-based Lex Orbis IP. He has extensive experience in civil and criminal enforcement of trademarks and copyrights.

Lex_Orbis_logo-CMYK

709/710 Tolstoy House, 15-17 Tolstoy Marg

New Delhi – 110 001

India

Tel: +91 11 2371 6565

Fax: +91 11 2371 6556

Email: mail@lexorbis.com

www.lexorbis.com