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

Rahul, an Indian author, publishes a novel in India. A publisher in a foreign country that is also a member of the Berne Convention begins selling unauthorised copies there. Under India's obligations in the international copyright regime, on what basis can Rahul claim protection in that country?

Rahul can rely on national treatment under the Berne Convention, to which India is a party. His novel gets the same protection as local works in the other member country, and that protection arises automatically without any registration or other formality.

  1. AOnly if he registers the work in that country first
  2. BOnly if India and that country have a bilateral treaty on books
  3. CNational treatment, with protection arising automatically without formalitiesCorrect
  4. DOnly if the work is also patented in that country

Explanation

India is a Berne Convention member. Berne requires national treatment, meaning authors from member countries get the same protection as that country's own authors, and protection is automatic without registration or other formalities. Registration first is a formality Berne prohibits as a condition. Patent has no relevance to a literary work.

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