CS Professional · Intellectual Property Rights - Law and Practice · Role of International Institutions
Suresh, a national of a Paris Convention member country with no business in India, applies for a patent in India. The Indian office treats him less favourably than Indian applicants solely because of his nationality. Which Paris Convention principle is violated?
National treatment is violated. The Paris Convention requires each member country to give nationals of other member countries the same protection and remedies as it gives its own nationals, so discriminating against Suresh solely on the basis of nationality is not permitted.
- ARight of priority
- BNational treatmentCorrect
- CIndependence of patents
- DCompulsory licensing
Explanation
National treatment requires each member country to give nationals of other members the same protection as its own nationals for industrial property. Treating Suresh worse only because he is foreign breaches it. Priority concerns filing dates and independence concerns separate fates of patents in different countries.
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