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CS Professional · Intellectual Property Rights - Law and Practice · Introduction to Intellectual Property

Ananya writes a novel, while her friend Dev invents a new method of purifying drinking water. Neither has done anything beyond creating their work. Considering the general nature of different IP rights in India, which statement is correct?

Ananya's novel enjoys copyright automatically upon creation, with registration being optional evidence. Dev's purification method, as an invention, can be protected by a patent only if he applies and it is examined and granted. Protection for the two works arises in different ways.

  1. ABoth works are protected only after they are registered with the relevant office
  2. BAnanya's novel is protected by copyright on creation, whereas Dev's method can be protected as a patent only through grant after application and examinationCorrect
  3. CDev's method is protected automatically as copyright because it is a creation
  4. DNeither work can ever be protected without a licence agreement

Explanation

Copyright subsists automatically in an original literary work on creation; registration is only evidence. A patent for an invention is granted only on application and examination. Option A is wrong for copyright, and C confuses copyright with patent subject matter.

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