Berne Convention for the Protection of Literary and Artistic Works and India

What: Berne Convention

Why: Protection of Literary and Artistic Works

Who: India Ratification

  • The Berne Convention of September 9, 1886 is for the Protection of Literary and Artistic Works . It was revised at Paris on July 24, 1971   
  • Article II and III of the Appendix to the Berne Convention, during the 10 years period that will expire, on October 10, 2024.
  • On March 28, 2018, the World Intellectual Property Organization has notified a declaration referring to the deposit by the Government of India, on October 7, 1974, of its instrument of ratification of the Berne Convention. 
  • The said declaration entered into force, with respect to the territory of India, on March 28, 2018.
  • The Article II of the Appendix would enable the India to substitute for the exclusive right of translation of a work, which has been published in printed or analogous forms of reproduction, granted by the competent authority, only for the purpose of teaching, scholarship or research.
  • The Article III of the Appendix would enable the India to Substitute for the exclusive right of reproduction of a work, which has been published either in printed or analogous forms of reproduction, or in audio-visual form of lawfully made audio-visual fixations, to publish an edition which has not been distributed / on sale for a period of six months, except when either the translations is not published by the owner of the right of translation or with his authorization, or when the translation is not in a language general in use in India.
  • India has been the Member of Berne Convention since April 28, 1928 and has been submitting the declaration as per Article II & III of the Appendix from time to time. 

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