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CS Executive · Economic, Commercial and Intellectual Property Laws · Intellectual Property Rights

An order under Section 40 extends the Copyright Act to works of authors from Country Y. The order is dated 1 April 2024. Which of the following can the order validly provide?

The order may provide that the Act applies to works first published before its commencement. Section 40 proviso (vi) allows the order either to exclude earlier works or to extend the Act to them, and the order may also be limited to certain classes of works.

  1. AThat the Act applies to works first published before 1 April 2024Correct
  2. BThat the Act applies only to works first published after the order and cannot reach earlier works
  3. CThat the order must apply to all classes of works without distinction
  4. DThat the authors need not satisfy any conditions or formalities even if the order prescribes them

Explanation

Proviso (vi) allows the order to provide that the Act or any part applies to works first published before its commencement, or that it does not apply to works made before it. Proviso (ii) also permits limiting it to classes of works, and proviso (iv) allows formalities. So only the first option is permitted.

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