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CS Professional · Intellectual Property Rights - Law and Practice · Role of International Institutions

Ishaan, an Indian author, finds that his novel, first published in India, is being copied and sold in another country that is a member of the Berne Convention. Under the principle of national treatment in that Convention, which statement is correct?

Under Berne, his work receives in the other member country the same protection that country gives its own nationals, and protection is automatic without registration formalities. WIPO registration is not required, and no separate bilateral treaty is needed, though minimum standards apply.

  1. AHis work gets the same protection in that country as it gives to its own nationals' works, without requiring formal registration as a condition of protectionCorrect
  2. BHis work is protected only if he registers it with WIPO in Geneva first
  3. CHis work is protected only for the term allowed in India, regardless of local law
  4. DHis work is protected only if India and that country sign a separate bilateral treaty

Explanation

Berne protection rests on national treatment and automatic protection: works of authors from member countries receive in other member countries the protection those countries grant their own nationals, and enjoyment is not subject to formality such as registration. WIPO does not register works under Berne. Term and remedies follow local law, subject to minimum standards, and no bilateral treaty is needed.

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