Skip to content

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

Meera Arts, a Mumbai-based studio, argues that because TRIPS sets only minimum standards, India may protect IP more extensively than TRIPS demands, provided it does not contravene TRIPS. Which statement best reflects TRIPS on this point?

TRIPS sets minimum standards, so a member may give more extensive protection than required, provided it does not contravene the Agreement, and it may choose how to implement the Agreement within its own legal system. It does not demand uniform laws or permit denial based on reciprocity.

  1. AMembers may implement more extensive protection than required, provided it does not contravene TRIPS, and are free to choose the method of implementation within their legal systemCorrect
  2. BMembers must adopt identical uniform national laws with no variation
  3. CMembers may not go beyond the TRIPS standards in any circumstance
  4. DMembers may deny protection to any foreign national who does not reciprocate

Explanation

TRIPS is a minimum standards agreement. Members may give more protection if it does not contravene TRIPS and may decide the appropriate method of implementation within their own legal system and practice. Uniformity and a ban on higher protection are not required, and reciprocity denial conflicts with national treatment and MFN.

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