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

Kavita, an author in India, publishes a novel in India. A publisher in a Berne Convention member country copies it without permission. Kavita did not register the work anywhere abroad. Under the Berne Convention principle of automatic protection, what is the position in that country?

Kavita is protected without any formality. Berne requires that copyright protection in member countries not depend on registration, notice or deposit, so her Indian novel is protected automatically abroad, subject to the national treatment given to foreign authors there.

  1. AShe is protected only if she registers the work there first
  2. BShe is protected only if the work carries a copyright notice
  3. CShe is protected without any formality such as registrationCorrect
  4. DShe is protected only for five years unless she registers

Explanation

The Berne Convention provides that enjoyment and exercise of copyright must not be subject to any formality. Hence registration or notice is not a condition of protection in another member country. The fact that she did not register abroad does not defeat her claim.

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