Thus, the disclosure of personal data for the purpose of any
proceedings, which would obviously include proceedings related to
infringement of copyright would be a recognized exception to data
privacy under the PDPA of Singapore.
(iii) Moreover, copyrighted works are entitled to automatic protection
in all WTO countries under the Berne Convention for the Protection
of Literary and Artistic Works, 1886 read with the Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS),
1995. The Plaintiffs’ copyrighted works are no exception to that.
Article 1 of the said Convention provides as under:
“Article 1. Establishment of a Union.
The countries to which this Convention applies
constitute a Union for the protection of the rights
of authors in their literary and artistic works.”
Singapore is a signatory to the Berne convention and a WTO
country as well. Thus, the Plaintiffs’ works would enjoy protection
even under the laws of Singapore. These are reciprocal protections
granted to authors who can enjoy rights across the world even
without seeking registrations. India recognizes copyright in foreign
works and reciprocally, foreign countries recognize the copyright
granted under Indian Law. In view of this position of the law
regarding copyright, compliance with local law, i.e., PDPA, cannot
be an excuse for Telegram to justify the non-furnishing of the
information relating to the channels through which dissemination
of infringing content takes place as, such dissemination, would in
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:31.08.2022
12:12:31
CS (COMM) 282/2020
Page 36 of 51
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