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(See 'Corp Brief') NI Act - Debt arising from illegal cash transaction in violation of Income Tax Act is not legally enforceable debt: HC (See 'Legal Desk') Ministry of Ayush advances Scientific Research through AYURGYAN Scheme (See 'Corp Brief') A&C - Foreign arbitral award cannot be enforced against person who was not party to arbitration proceedings: HC (See 'Legal Desk') Scindia announces launch of Sanchar Saathi Mobile App in Hindi & 21 regional languages (See 'Corp Brief') IPR - Company that suffers loss/damages due to acts of accused for selling counterfeit products can file appeal against acquittal as 'victim' under proviso to Sec 372 CrPC: SC (See 'Legal Desk') NI Act - Amendment to complaint u/s 138 can be made at post-cognizance stage, provided that no 'prejudice' is caused to accused and complainant's cross-examination is awaited: SC (See 'Legal Desk') Scindia reviews BSNL's Performance, Emphasizes Customer Experience (See 'Corp Brief') PMLA - Being secured mortgagee, bank is at liberty to stake its claim before PMLA Court u/s 8(5), with notice to other secured and unsecured creditors: SAFEMA (See 'Legal Desk') Govt ensures better use of LPG by PMUY beneficiaries: MoS (See 'Corp Brief') Competition Act - Information filed beyond statutory 3 year period cannot be condoned where no cogent reasoning is provided therefor; conduct of respondent also not found to be in abuse of dominant position or an anti-competitive agreement: CCI (See 'Legal Desk') Earth Sciences Ministry's Foundation Day: MoS announces 14 scientific products (See 'Corp Brief') SEBI - SECC Regulations - penal provisions must be interpreted strictly, especially when civil liabilities and penalties are involved: SAT (See 'Legal Desk') J&K witnesses Rapid Upgradation of Rail Tracks and Coaches (See 'Corp Brief') Stronger the Logistics, Stronger the Borders: Rajnath Singh (See 'Corp Brief') IPR - Indiamart shall be restrained from providing registered trademark 'PUMA' in respect of goods if search options in its drop down menu presented to prospective sellers at time of registration on e-commerce platform: HC (See 'Legal Desk') APEDA refutes unfounded allegations in Organic Cotton Certification (See 'Corp Brief') IPR - Sole intention of defendants was to defraud Indian consumers into mistakenly believing that it were genuine sites of Gameskraft; Rogue websites shall be restrained: HC (See 'Legal Desk') Coal Ministry holds Workshop on Exploration Module of SWCS (See 'Corp Brief') IPR - Since there is no prima facie sustainable allegation of involvement, by Amazon Tech, in any infringement of Lifestyle's registered trademark, does not amount to deliberate infringment: HC (See 'Legal Desk') Re-thinking Royalty in the Digital Age (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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