Featuring: Abhilasha Rathore
A ‘Legal Issues Seminar- General IP’ (LIS-GIP) was conducted by Abhilasha Rathore, Associate on ‘Does a Contractual Agreement Override the Doctrine of First Sale Vis-à-vis Third Party Resales?’. The seminar explored the relevant provisions under the Copyright Act, 1957, and delved into the position taken by courts in respect of the applicability of the Doctrine of First Sale vis-à-vis literary, musical, dramatic works and cinematographic works. The session explored the applicability of the doctrine in cases where the first sale had been effected by the exclusive licensees discharging obligations in accordance with the executed agreement. The session concluded with a discussion on whether the rights of the owner could be broader than that of the licensee and whether an amendment to the legal framework is required to clarify the position of a third party that is not privy to the agreement, being bound by it.
The presentation can be accessed here.
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