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

Mehta Pharma Ltd, an Indian company, wants to file one international patent application designating several countries, so that a single filing date is recognised in all of them. India is a member of the treaty administered by WIPO that provides this facility. Which treaty is this?

The Patent Cooperation Treaty (PCT), administered by WIPO, allows one international patent application with a common filing date across designated member countries. India is a member. Madrid deals with trademarks, Budapest with microorganism deposits, and Hague with industrial designs.

  1. APatent Cooperation Treaty (PCT)Correct
  2. BMadrid Protocol
  3. CBudapest Treaty
  4. DHague Agreement

Explanation

The Patent Cooperation Treaty, administered by WIPO, lets an applicant file a single international application that has effect in all contracting states designated. India is a PCT member and its Patent Office acts as a receiving office, an ISA and an IPEA. The Madrid Protocol concerns trademarks, the Budapest Treaty concerns deposit of microorganisms, and the Hague Agreement concerns industrial designs.

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