CS Professional · Intellectual Property Rights - Law and Practice · Role of International Institutions
Kaveri Textiles, a WTO member's exporter, finds that India grants a trade advantage in IP protection to nationals of Country X. Under TRIPS, India must extend the same advantage immediately and unconditionally to nationals of all other WTO members. This obligation is known as:
This is most-favoured-nation treatment. TRIPS requires that any advantage, favour or privilege a member gives to nationals of one country be extended immediately and unconditionally to nationals of all other WTO members. National treatment instead compares foreign nationals with the member's own nationals.
- AMost-favoured-nation treatmentCorrect
- BNational treatment
- CPriority right
- DReciprocity requirement
Explanation
MFN treatment in TRIPS means any advantage given by a member to nationals of any other country must be extended immediately and unconditionally to nationals of all other members. National treatment compares foreign and own nationals, not foreign nationals among themselves. Reciprocity is contrary to the MFN idea.
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