Skip to content

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

Arvind Biotech has developed a patented process using a novel microorganism that cannot be described adequately in words. It wants a deposit recognised for patent procedure purposes in all member countries. Which treaty helps, and what is its effect?

The Budapest Treaty applies. A microorganism deposited with one International Depositary Authority is recognised for patent procedure by every contracting state, so separate deposits in each country are unnecessary. The other treaties deal with designs, marks or performers' rights, not microorganisms.

  1. ABudapest Treaty; deposit with one international depositary authority is recognised by all member statesCorrect
  2. BHague Agreement; deposit with WIPO protects the organism as a design
  3. CMadrid Protocol; deposit of the organism is treated as an international mark
  4. DRome Convention; deposit protects the organism as a performance

Explanation

The Budapest Treaty on the International Recognition of the Deposit of Microorganisms removes the need to deposit in each country; a deposit with one International Depositary Authority is recognised by all contracting states. The other treaties concern designs, marks and neighbouring rights.

Did you get it right without looking?

One question tells you little. A timed set on Role of International Institutions shows your real accuracy, how long you take and where you lose marks.

Practise Role of International InstitutionsFree diagnostic mock

More Role of International Institutions questions