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A copyright is the legal right granted to an author, composer, playwright,
or artist to exclusive publication, reproduction, sale, distribution, or
performance of an independently created literary, musical, dramatic, or
artistic work.
Copyright gives the creators of certain kinds of material the right to
control the ways their material can be used. These rights begin as soon as
the material is recorded in a tangible medium of expression. The owner of a
copyright in particular material may prevent others from doing any of the
following
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copying;
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adapting or creating derivative works;
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distributing;
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communicating to the public by electronic transmission;
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renting or lending copies to the public; and,
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performing in public
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Sometimes traders import or export goods of a particular brand or affixed
with a particular trade mark to a market which is outside the contractual
distribution channel. Such acts are done without the licence of the trade
mark owner. The reasons for this could be many, including the
non-availability of a particular line of goods in the local market, or the
difference in price, composition or constitution of goods available in
another market.
Such parallel imports are not in the strict sense a misrepresentation as to
the origin of the goods as such goods are original goods manufactured or
licensed for manufacture by the owner of the relevant trade mark.
There is no one or consistent approach taken by most jurisdictions on the
issue of parallel importation. While some jurisdictions may consider
parallel importation of goods to be an unfair trade practice, and some other
jurisdictions having legislation regulating such activities, it is generally
the case that parallel importation is not generally considered acts of trade
mark infringement or passing-off.
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