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

Rohan, a Chennai software author, publishes a book in India. A Berne Convention member country's publisher copies it without consent. Rohan asks whether he must first register the work in that country to get protection. Under the Berne Convention, what is the correct position?

Under the Berne Convention, copyright protection is automatic and is not subject to formalities like registration. Rohan's work is protected in other member countries on a national treatment basis without separate registration there, though registration may still help as evidence locally.

  1. AProtection must be preceded by registration in each member country
  2. BProtection is automatic and not subject to any formality such as registrationCorrect
  3. CProtection arises only after a fifty-year renewal filing
  4. DProtection is available only if the work is also patented

Explanation

Berne provides that enjoyment and exercise of copyright shall not be subject to any formality, so protection arises automatically on creation and national treatment applies. Requiring registration in each country contradicts this. Patenting is unrelated to copyright, and no renewal filing is needed to obtain protection.

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