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

Under the Copyright Act, 1957, the Central Government may extend copyright protection to works first published in a foreign territory. Which statement correctly describes the power under Section 40?

The Central Government extends copyright to foreign works by an order published in the Official Gazette, directing that the Act applies to works first published in the foreign territory as if they were first published in India. It is not automatic.

  1. AIt can be exercised only by Parliament passing a fresh Act for each country
  2. BIt is exercised by an order published in the Official Gazette, directing that provisions of the Act apply to such works as if first published in IndiaCorrect
  3. CIt applies automatically to every foreign work without any order
  4. DIt is exercised by the Registrar of Copyrights through a public notice in newspapers

Explanation

Section 40 empowers the Central Government to direct, by an order published in the Official Gazette, that all or any provisions of the Act apply to works first published in a foreign territory as if first published in India. It is not automatic, and neither Parliament nor the Registrar exercises it.

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