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

Rohan Pharma Ltd, Hyderabad, files patent applications in India and in several other countries. Its counsel notes that India is a member of the WTO and bound by the TRIPS Agreement, and also a member of the Paris Convention. Which consequence is correct?

India must keep its IP laws at or above TRIPS minimum standards, but IP rights stay territorial and arise under each country's own law. An Indian patent does not automatically protect the invention elsewhere, and separate filings abroad are still needed, with Paris Convention priority helping only on timing.

  1. AIndian IP statutes must meet TRIPS minimum standards, while each country still grants rights territorially under its own lawCorrect
  2. BA single Indian patent automatically gives enforceable rights in all WTO member countries
  3. CTRIPS replaces Indian statutes, so Indian Acts have no force on IP
  4. DParis Convention membership removes the need to file separately in other countries

Explanation

TRIPS sets minimum standards that member states implement through domestic law, so India amended its statutes to comply. Rights remain territorial: a patent granted in India is enforceable only in India. TRIPS does not displace national Acts, and Paris Convention priority only helps in later filings, which must still be made in each country.

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