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

Meera, an Indian designer, wants to know which international treaty first set out the principle of national treatment for industrial property such as patents and trademarks, so that a foreign applicant is treated like a domestic one. Which instrument is the foundational treaty for this principle in industrial property?

The Paris Convention for the Protection of Industrial Property, 1883, is the foundational treaty. It established national treatment and the right of priority for patents, trademarks and designs, so foreign applicants are treated like nationals. Berne covers copyright instead.

  1. AParis Convention for the Protection of Industrial Property, 1883Correct
  2. BBerne Convention for the Protection of Literary and Artistic Works, 1886
  3. CRome Convention, 1961
  4. DBudapest Treaty, 1977

Explanation

The Paris Convention of 1883 is the first major treaty on industrial property and embeds national treatment and the right of priority. The Berne Convention deals with copyright, not industrial property. Rome deals with neighbouring rights and Budapest with deposit of microorganisms.

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