Before 1999, there had been a debate on the issue of whether Section 32(1) should be
regarded as a mere preamble or as enforceable preconditions. This issue was resolved by
several decisions of the Supreme Court and the IP Court, which held that the two conditions
were indeed enforceable preconditions. It is also important to mention the following IP Court
Decisions No. 784/254232 and No. 785/254233, where the Court outlined several issues in
relation to the two conditions contained in Section 32(1). In Decision No. 784/2542, three
American publishers, McGraw-Hill, Prentice-Hall and International Thomson Publishing, were
joint plaintiffs with the public prosecutor. The plaintiffs claimed that the defendant, who ran a
shop offering a photocopy service, infringed their copyrights on the textbooks and requested a
heavy penalty to be imposed on him for copyright infringement. The defendant admitted
unauthorized reproduction, but relied on the exception for research and study in Section 32(2)(1) as an agent of the students who were using the materials purely for private
research and study without making profit from them.
Before 1999, there had been a debate on the issue of whether Section 32(1) should be
regarded as a mere preamble or as enforceable preconditions. This issue was resolved by
several decisions of the Supreme Court and the IP Court, which held that the two conditions
were indeed enforceable preconditions. It is also important to mention the following IP Court
Decisions No. 784/254232 and No. 785/254233, where the Court outlined several issues in
relation to the two conditions contained in Section 32(1). In Decision No. 784/2542, three
American publishers, McGraw-Hill, Prentice-Hall and International Thomson Publishing, were
joint plaintiffs with the public prosecutor. The plaintiffs claimed that the defendant, who ran a
shop offering a photocopy service, infringed their copyrights on the textbooks and requested a
heavy penalty to be imposed on him for copyright infringement. The defendant admitted
unauthorized reproduction, but relied on the exception for research and study in Section 32(2)(1) as an agent of the students who were using the materials purely for private
research and study without making profit from them.
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