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

Meridian Pharma Ltd, an Indian company, wants to know why India must provide a minimum standard of patent protection for pharmaceutical products even though its own earlier law allowed only process patents. The company is told this follows from India's membership of the World Trade Organization. Which agreement under the WTO sets these minimum IP standards that India accepted?

The TRIPS Agreement, administered under the World Trade Organization, sets minimum standards for IP protection that member countries must follow. Because India joined the WTO, it had to align its patent law, including product patent protection for pharmaceuticals, with these standards.

  1. ATRIPS AgreementCorrect
  2. BParis Convention Treaty on Trade
  3. CBerne Protocol on Patents
  4. DMadrid Protocol

Explanation

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is part of the WTO package and sets minimum standards of IP protection for member countries. India, as a WTO member, amended its patent law to extend product patents to all fields of technology. The other options are either different treaties or not the WTO agreement on IP.

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