Patent Exhaustion is also known as first sale doctrine. Under
the doctrine, the rights of the patent holders become exhausted after the sale.
Therefore, the patent holder cannot sue anyone for the infringement for the
sold patent. The drawback of the doctrine is that it did not clearly define the
territorial status of the doctrine. Even the Court delivers the conflicting rulings
in the territorial dispute. Therefore, the doctrine should be analyzed to set
up a standard of territory status in patent exhaustion case. However, the
recent arguments in the case of Kirtsaeng v. John Wiley & Sons, Inc. may
find out permanent solutions on the territorial issue of Patent Exhaustion.
Kirtsaeng, a Thai national resold some books in the USA and
earned millions of dollars. These books were purchased by his family from the
Thailand bookstore. When these
activities of Kirtsaeng were detected by John Wiley & Sons, a reputed
textbook publisher of the USA, Wiley filed a suit against Kirtsaeng on the
ground of copyright infringement. Kirsten defended him arguing that the books
that he sold in America were published under the license of John Wiley &
Sons to its Asian subsidiary. Therefore, John Wiley & Sons could not sue
anyone for reselling the text books under 106(a), 602(a) and 109(a) of the US
copyright acts. The case raised two issues related to provisions of US
copyright acts. The first one is whether a copyright owner can file infringement
of copyright suit against anyone after the legal sale of his work to another
one. The second one is whether the permission is required to import the
material in US if anyone legally acquires abroad the copyright of a material
from US.
Both the parties seek the justice under the provision of
section 109 of copyright act. The section 109 has mentioned the limitations on
exclusive rights of copyright owners. According to the section 109,
“Notwithstanding the provisions of section 106(3), the owner of a particular
copy or phonorecord lawfully made under this title, or any person authorized by
such owner, is entitled, without the authority of the copyright owner, to sell
or otherwise dispose of the possession of that copy or phonorecord”. Kirtsaeng
argued that as the books were published abroad under the license from John
Wiley & Sons to its Asian subsidiary, reselling of the books in USA are
exempted from punishment. In their counter argument, Wiley & Sons rejected
the claim of exemption from punishment mentioning that the US Copyright Act is
not applicable in Asia. Therefore, Kirtsaeng will not get impunity under the
section 109 (a) of US Copyright Law. The District Court gives its verdict in
favor of John Wiley & Sons imposing a damage charge of $600,000. The second
circuit also affirmed the verdict.
Now, Supreme Court has heard the oral arguments of the case.
The case
has attracted the attention of the people related to copyright and patent acts.
Both the parties had cited the examples of previous judgments of similar type
of cases. The center of the attraction was the financial importance of 109(a)
section; the rights of copyright holders to sell the copyrighted work at lower
price in the foreign countries in the regime of globalization. A decision
explicitly authorizing the importation into this country of low-cost foreign
versions of copyrighted works would directly undermine the ability of content
providers to maintain high prices for domestic versions of the works.
<p> For more
information on copyright, patent and intellectual property rights, please
contact: <a
href="http://www.lexprotector.com/blog/2012/09/20/trademark-protection-in-india/">Lex
Protector</a></p>
otr214425
ReplyDeleteINTERNATIONAL CONCEPT OF WORK FROM HOME
Work from home theory is fast gaining popularity because of the freedom and flexibility that comes with it. Since one is not bound by fixed working hours, they can schedule their work at the time when they feel most productive and convenient to them. Women & Men benefit a lot from this concept of work since they can balance their home and work perfectly. People mostly find that in this situation, their productivity is higher and stress levels lower. Those who like isolation and a tranquil work environment also tend to prefer this way of working. Today, with the kind of communication networks available, millions of people worldwide are considering this option.
Women & Men who want to be independent but cannot afford to leave their responsibilities at home aside will benefit a lot from this concept of work. It makes it easier to maintain a healthy balance between home and work. The family doesn't get neglected and you can get your work done too. You can thus effectively juggle home responsibilities with your career. Working from home is definitely a viable option but it also needs a lot of hard work and discipline. You have to make a time schedule for yourself and stick to it. There will be a time frame of course for any job you take up and you have to fulfill that project within that time frame.
There are many things that can be done working from home. A few of them is listed below that will give you a general idea about the benefits of this concept.
Baby-sitting
This is the most common and highly preferred job that Women & Men like doing. Since in today's competitive world both the parents have to work they need a secure place to leave behind their children who will take care of them and parents can also relax without being worried all the time. In this job you don't require any degree or qualifications. You only have to know how to take care of children. Parents are happy to pay handsome salary and you can also earn a lot without putting too much of an effort.
Nursery
For those who have a garden or an open space at your disposal and are also interested in gardening can go for this method of earning money. If given proper time and efforts nursery business can flourish very well and you will earn handsomely. But just as all jobs establishing it will be a bit difficult but the end results are outstanding.
Freelance
Freelance can be in different wings. Either you can be a freelance reporter or a freelance photographer. You can also do designing or be in the advertising field doing project on your own. Being independent and working independently will depend on your field of work and the availability of its worth in the market. If you like doing jewellery designing you can do that at home totally independently. You can also work on freelancing as a marketing executive working from home. Wanna know more, email us on workfromhome.otr214425@gmail.com and we will send you information on how you can actually work as a marketing freelancer.
Internet related work
This is a very vast field and here sky is the limit. All you need is a computer and Internet facility. Whatever field you are into work at home is perfect match in the software field. You can match your time according to your convenience and complete whatever projects you get. To learn more about how to work from home, contact us today on workfromhome.otr214425@gmail.comand our team will get you started on some excellent work from home projects.
Diet food
Since now a days Women & Men are more conscious of the food that they eat hence they prefer to have homemade low cal food and if you can start supplying low cal food to various offices then it will be a very good source of income and not too much of efforts. You can hire a few ladies who will help you out and this can be a good business.
Thus think over this concept and go ahead.