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CS Professional · Intellectual Property Rights - Law and Practice · Role of International Institutions

Arjun Biotech, a Pune firm, filed a patent application involving a novel microorganism strain and wants to satisfy disclosure requirements in several countries with one deposit. Which WIPO-administered treaty recognises a deposit with an International Depositary Authority for patent procedure purposes?

The Budapest Treaty applies. It requires contracting states to recognise a microorganism deposited with any International Depositary Authority for patent procedure, so a single deposit satisfies several countries. The other agreements are classification systems for patents, trademark goods and services, or figurative marks.

  1. ABudapest TreatyCorrect
  2. BStrasbourg Agreement
  3. CNice Agreement
  4. DVienna Agreement

Explanation

The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure requires member states to recognise a deposit made with any International Depositary Authority. Strasbourg classifies patents, Nice classifies goods and services for marks, and Vienna classifies figurative elements of marks.

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