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Can a foreign work be protected under Indian copyright law?

09-Mar-2025
Trademark & Copyright

Answer By law4u team

Yes, a foreign work can be protected under Indian copyright law under certain conditions. The Copyright Act, 1957 and international agreements govern the protection of foreign works in India. Key Provisions International Treaties & Conventions India is a signatory to the Berne Convention for the Protection of Literary and Artistic Works, which ensures that works created in other member countries receive the same protection as Indian works. India is also a member of the Universal Copyright Convention (UCC) and the World Trade Organization (WTO) (TRIPS Agreement), further strengthening foreign copyright protection. Automatic Protection Foreign works from Berne Convention member countries automatically receive copyright protection in India without the need for registration. The same applies to works from WTO/TRIPS member countries. Reciprocity Principle If a foreign country grants copyright protection to Indian works, India extends the same protection to that country’s works. Protection Under Indian Law A foreign work is protected under Indian copyright law in the same way as an Indian work, covering literary, artistic, musical, and cinematographic works. The protection period for foreign works is the same as for Indian works (e.g., 60 years for literary works from the author's death). Conclusion A foreign work is protected in India if it originates from a Berne Convention, UCC, or TRIPS member country. It does not require separate registration in India, and protection is granted automatically under The Copyright Act, 1957

Answer By Anik

The answer is yes, foreign work can be protected under the Indian Law. based on the principle of "national treatment" enshrined in Section 40 of the Copyright Act, 1957, and India's adherence to international conventions like the Berne Convention.

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