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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Copyright

Under the Copyright Act, 1957, the Central Government issues an order under Section 40 extending the Act to works from Country X, which is not a treaty or convention partner of India. Which statement is correct?

The Central Government may make the order only after being satisfied that Country X has made or undertaken to make such provisions as seem expedient for protecting works entitled to copyright under the Act. This reciprocity condition applies to non-treaty countries under Section 40.

  1. AThe Government may make the order only after being satisfied that Country X has made or undertaken to make suitable provisions for protecting works entitled to copyright under the ActCorrect
  2. BThe order must always give Country X works a longer term than Indian works
  3. CThe order can never limit the term of copyright in India
  4. DThe order must apply to all classes of works without exception

Explanation

Proviso (i) to Section 40 requires satisfaction on reciprocal protection for a country that is not a treaty or convention partner. The order may limit the term to that under the foreign law, but not beyond the term under the Act, and may apply to specified classes of works.

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