Pondicherry Univ launches Governance Cell to inspire Next-Gen Public Leaders (See 'Corp Brief') Why Family Businesses in India Are Losing Their Own Bloodline (See CORP EINSICHT) MoS discusses Coastal Action Plan, Deep Ocean Prospects in Puducherry (See 'Corp Brief') IPR - Controller of Patents must clearly specify in hearing notice 'known substance' against which claimed invention of applicant is being assessed: HC (See 'Legal Desk') MoU signed to develop MY Bharat 2.0 Platform (See 'Corp Brief') 8th National Level Steering Committee meeting of Atal Bhujal Yojana held (See 'Corp Brief') SARFAESI - If borrowers have already availed remedy u/s 17 and secured creditor has no other alternative remedy, then creditor can avail remedy of petition under Article 227: HC (See 'Legal Desk') Centre issues Model Rules to States to aid Ease of Doing Business in Agroforestry (See 'Corp Brief') We have to make cycling trend in this modern generation: Mandaviya (See 'Corp Brief') Arbitration & Conciliation Act - Commercial Court not justified in refusing to release 25% of arbitral award to petitioner-company solely due to its change of name: HC (See 'Legal Desk') Sonowal hails Brahma Kumaris for 50 years of spiritual service and human upliftment (See 'Corp Brief') CEA organises All-India Electrical Safety awareness programme (See 'Corp Brief') SEBI - Delay in filing appeal not condonable where facts reflect that appellant was clearly aware of proceedings commenced by SEBI but did not prosecute appeal: SAT (See 'Legal Desk') India sends 1st consignment of rose-scented Litchi from Pathankot to Qatar (See 'Corp Brief') Govt approves ESI Amnesty Scheme - 2025 to reduce litigation (See 'Corp Brief') Sonowal inaugurates India's First Maritime NBFC - Sagarmala Finance Corporation Limited (See 'Corp Brief') NeGD launches 'AI in Governance' Training Program for Govt Officials at IIT Delhi (See 'Corp Brief') ECI starts proceedings to delist 345 RUPPs to begin with (See 'Corp Brief') Negotiable Instruments Act - as is trite law, a legal notice must be read as a whole & isolated errors such as typographical mistakes should not invalidate the entire notice: HC (See 'Legal Desk') Mega Infra Projects in Jharkhand, Sikkim, Assam & Arunachal Pradesh reviewed (See 'Corp Brief') President of India to preside over 'MSME Day' (See 'Corp Brief') NMDC invites applications for fully sponsored Education Programs for Tribal Youth (See 'Corp Brief') PMLA - Attachment of property does not effect or transfer title, unless property is confiscated and it can be when accused is convicted: SAFEMA (See 'Legal Desk') Workshop with FinTech Companies on expanding FASTag ecosystem (See 'Corp Brief') Bid submission timeline extended for SECI's Green Ammonia tender (See 'Corp Brief') Axiom-4 Marks Realisation of Vikram Sarabhai's dream: MoS (See 'Corp Brief') IBC - Dues of State is entitled to be treated as secured creditor u/s 53 of IBC: NCLAT (See 'Legal Desk') ECI to begin Special Intensive Revision of Electoral Rolls in Bihar (See 'Corp Brief') MoS calls for closer collaboration among IITs, IIMs, AIIMS, IIMC & CSIR (See 'Corp Brief') 7th Helicopter & Small Aircraft Summit held in Pune (See 'Corp Brief') CCI approves acquisition of shares in Aakash Educational by Manipal Health Systems (See 'Corp Brief') IPR - Merely adding mandarin character can't add any distinctiveness for being granted registration, and that too qua pharmaceutical product, if said character can't be deciphered by general public: HC (See 'Legal Desk') CCI approves acquisition in Manappuram Finance & Manappuram Asset Finance by Bain Capital (See 'Corp Brief') CCI okays acquisition of equity of Haldiram Snacks by Alpha Wave Ventures (See 'Corp Brief') Amended BharatNet Program operationalises in Gujarat (See 'Corp Brief') PMLA - Enforcement Directorate must pass orders under of retention under section 20(1) and 21(1) of the PMLA in respect of seized property and seized records: SAFEMA (See 'Legal Desk') Sonowal calls for Sports Resurgence in Assam (See 'Corp Brief') Vanijya Bhawan is symbol of Good Governance, Excellence: Goyal (See 'Corp Brief') SARFAESI - equitable considerations cannot override statutory auction process; writ jurisdiction under Article 226 cannot be invoked to compel bank to accept One Time Settlement or interfere with SARFAESI proceedings already adjudicated under statutory forum: HC (See 'Legal Desk') Hindustan Copper welcomes Chile's CODELCO Team to India (See 'Corp Brief') IICA inks MoU with National Academy of Defence Production (See 'Corp Brief') Competition Act - mere dissatisfaction with service conditions or operational practices did not warrant intervention, more so where any prima facie case under Section 3 or 4 of the Act are not made out: CCI (See 'Legal Desk') Chouhan reviews ICAR-Central Institute of Agricultural Engineering in Bhopal (See 'Corp Brief') DG RPF calls for synergised action by RPF-GRP across States to Safeguard Railway Pax (See 'Corp Brief') Trade Marks - Where an application for registration of Trade Mark is filed on proposed to be used basis, the mark can still acquire distinctiveness before registration; refusal of registration based on lack of distinctiveness unjustified, more so where similar marks were registered by same authority: HC (See 'Legal Desk') PM leads nationwide celebrations of 11th International Day of Yoga (See 'Corp Brief') PMLA - Once property is already auctioned by bank under SARFAESI, legal implications of sale depended on whether sale certificate had been issued: SAFEMA (See 'Legal Desk') NCLAT is not a mere rubber stamp for CoC decisions (See CORP EINSICHT)

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Arts II & III of Berne Convention - WIPO Declaration on translation to come into force from Mar 28, 2018

Published: Jun 08, 2018

By TIOL News Service

NEW DELHI, JUNE 08, 2018: ON March 28, 2018, the World Intellectual Property Organization has notified a declaration referring to the deposit by the Government of the Republic of India, on October 7, 1974, of its instrument of ratification on the Berne Convention for the Protection of Literary and Artistic Works of September 9, 1886, as revised at Paris on July 24, 1971 and to its subsequent deposits, on February 1, 1984 and June 7, 1984 of declarations according to which the Government of the Republic of India availed itself of the faculties provided for the Article II and III of the Appendix to the Berne Convention during the 10 years period that will expire, on October 10, 2024. The said declaration shall enter into force, with respect to the territory of the Republic of India, on March 28, 2018.

The Article II of the Appendix would enable the Republic of 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 Republic of 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 28th April, 1928 and has been submitting the declaration as per Article II & III of the Appendix from time to time. The present notification is in continuation of India's earlier positon.

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