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A Japanese company applies for a patent in India. Indian law requires it to give an address for service…

Article 2(2) forbids any requirement "as to domicile or establishment in the country where protection is claimed" as a condition for enjoying industrial property rights.…

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A Japanese company applies for a patent in India. Indian law requires it to give an address for service in India but does not require it to have a domicile or establishment in India. Is this consistent with Article 2 of the Paris Convention?

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Correct answer D

Article 2(2) forbids any requirement "as to domicile or establishment in the country where protection is claimed" as a condition for enjoying industrial property rights. Article 2(3) expressly reserves national laws on judicial and administrative procedure, including "the designation of an address for service or the appointment of an agent". India's requirement falls within what is "expressly reserved", while a domicile requirement would breach Article 2(2).

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