The TRIPS Agreement (Annex 1C to the WTO Agreement, 1994) sets MINIMUM STANDARDS for IP protection in Member countries. The minimum term for COPYRIGHT under TRIPS Article 12 is:
Answer & Solution
Correct answer: B.
1. TRIPS Article 12 (Term of Protection): 'Whenever the term of protection of a work, other than a photographic work or a work of applied art, is calculated on a basis other than the life of a natural person, such term shall be no less than 50 years from the end of the calendar year of authorized publication, or, failing such authorized publication within 50 years from the making of the work, 50 years from the end of the calendar year of making.'
2. TRIPS incorporates Berne Convention Article 7 — which fixes the minimum as the life of the author + 50 years for natural-person works.
3. India's Copyright Act 1957 grants a longer term: life + 60 years (Section 22).
4. Hence option B is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — TRIPS Agreement 1994, Article 12 read with Berne Convention Article 7_
Related questions
Section 31C Copyright Act 1957 (inserted 2012) is a STATUTORY LICENCE for COVER VERSIONS oSection 47 Trade Marks Act 1999 allows REMOVAL OF A TRADE MARK FROM REGISTER for NON-USE. In INDIAN COMPUTER NETWORK STATE (Microsoft Corp v Mr Yogesh Papat & Anr, 2005 PTC 245 (DeSection 70 Copyright Act 1957 deals with DELIVERY OF INFRINGING COPIES to the copyright owSection 159 Trade Marks Act 1999 enables the Central Government to issue NOTIFICATION DESISection 47 Patents Act 1970 (CONDITIONS OF GRANT) allows USE for purposes of:Section 14(b) Copyright Act 1957 confers on the owner of copyright in a COMPUTER PROGRAMMESection 31D Copyright Act 1957 (inserted 2012) is a STATUTORY LICENCE for BROADCASTING of