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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Patents

A country X is a party to a bilateral patent arrangement with India. Under it, Indian applicants receive in X the same privileges in the grant and protection of patents that X gives its own citizens. Under the Patents Act, 1970, what is the status of X?

Country X is a convention country. The Act defines a convention country as one party to an international, regional or bilateral treaty or arrangement with India that gives Indian applicants or citizens similar privileges to its own citizens in the grant and protection of patents. PCT membership is not required.

  1. AIt is a convention country for the purposes of the ActCorrect
  2. BIt is not a convention country, because only multilateral conventions count
  3. CIt is a convention country only if it is also a member of the PCT
  4. DIt is a convention country only if the Central Government has granted it reciprocal licensing rights

Explanation

Section 133 covers countries party to an international, regional or bilateral treaty, convention or arrangement to which India is also a party, provided Indian applicants or citizens get similar privileges. X meets this test. Bilateral arrangements are expressly included, so the second option is wrong, and PCT membership is not a condition.

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