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CS Executive · Economic, Commercial and Intellectual Property Laws · Intellectual Property Rights

Under Section 40 of the Copyright Act, before making an order for a foreign country that is neither a treaty partner nor a party to a copyright convention with India, what must the Central Government be satisfied about?

The Government must be satisfied that the foreign country has made, or undertaken to make, the provisions it considers expedient for protecting in that country works entitled to copyright under the Indian Act. This reciprocity condition applies to non-treaty, non-convention countries.

  1. AThat the country has made or undertaken to make provisions it considers expedient to protect in that country works entitled to copyright under the Indian ActCorrect
  2. BThat the country has a larger population than India
  3. CThat the country's authors have registered their works in India
  4. DThat the country has paid a fee to the Central Government

Explanation

Proviso (i) requires reciprocity: for countries outside treaties or conventions, the Government must be satisfied that the country has made or undertaken to make suitable provisions for protecting works entitled to copyright under the Indian Act.

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