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CS Professional · Intellectual Property Rights - Law and Practice · Trademarks

Arjun, a citizen of a non-Contracting State, has no domicile in any Contracting State, but runs a small bona fide manufacturing unit in India, not his principal place of business. Is he eligible as a person making an application in relation to India under the Act's definition?

Yes, he qualifies. Section 36B(a) counts a real and effective industrial or commercial establishment, and its Explanation says any establishment with bona fide industrial or commercial activity suffices, even if it is not the principal place of business.

  1. ANo, because the establishment must be the principal place of business
  2. BNo, because only citizens or domiciled persons qualify
  3. CYes, but only if the establishment employs a minimum number of workers
  4. DYes, because a real and effective establishment includes any establishment where bona fide industrial or commercial activity takes place, even if not the principal place of businessCorrect

Explanation

Section 36B(a) covers a person who is a citizen of, domiciled in, or has a real and effective industrial or commercial establishment in the Contracting State. The Explanation says such an establishment need not be the principal place of business and includes any where bona fide activity takes place. No minimum workforce is prescribed.

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