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

An order under Section 40 of the Copyright Act extends protection to works from Country Z, and provides that the term of copyright in India shall not exceed that conferred by Country Z's law. Country Z's law gives a longer term than the Indian Act. What is the position?

The Indian term cannot exceed the term of copyright provided under the Copyright Act, even if Country Z grants a longer term. The proviso to Section 40 allows the order to cap the term at the foreign law's term, but never beyond the Indian statutory term.

  1. AThe Indian term follows Country Z's longer term
  2. BThe Indian term is doubled to match both laws
  3. CThe term cannot exceed the term of copyright provided under the Indian ActCorrect
  4. DThe order is void because it limits the term

Explanation

Proviso (iii) to Section 40 lets the order limit the term to that in the foreign law, but the term of copyright must not exceed the term provided under the Copyright Act. A longer foreign term therefore cannot be imported into India.

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