Lina, a national of a country that is not a member of the Berne Union and who lives there, first…

Article 3(1)(b) extends protection to authors who are not nationals of a Union country "for their works first published in one of those countries", or published simultaneously in and outside the Union. Because Lina first published the novel in India, a Union country, the point of attachment is satisfied. Habitual residence under Article 3(2) is an alternative route, not an extra condition, and protection then extends to all Union countries under Article 5(1).