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CS Professional · Intellectual Property Rights - Law and Practice · Introduction to Intellectual Property

Kavita Pharma Ltd of Hyderabad complains that a WTO member refuses to give foreign pharmaceutical inventors patent protection and grants far less protection than its own laws give locals. Which instrument sets minimum standards of IP protection that WTO members must meet and ties them to trade dispute settlement?

The TRIPS Agreement sets minimum standards of IP protection and enforcement that all WTO members must meet, and breaches can be taken to WTO dispute settlement. PCT and Madrid only simplify filing, and Berne covers copyright alone.

  1. AThe TRIPS AgreementCorrect
  2. BThe Berne Convention alone
  3. CThe Patent Cooperation Treaty
  4. DThe Madrid Protocol

Explanation

TRIPS, part of the WTO package, sets minimum standards for IP protection and enforcement and is enforceable through WTO dispute settlement. Berne covers only copyright and has no such trade link in itself. PCT and Madrid are filing systems for patents and marks, not minimum-standard treaties with dispute settlement.

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