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Under a WIPO-administered treaty on the international filing of patent applications, fees are reduced…

Article 5 provides that "The obligations under Articles 3 and 4 do not apply to procedures provided in multilateral agreements concluded under the auspices of WIPO relating…

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Under a WIPO-administered treaty on the international filing of patent applications, fees are reduced for applicants who are nationals of certain countries. A WTO Member complains that this discriminates against its nationals in breach of TRIPS most-favoured-nation and national treatment. Under Article 5 of TRIPS, the complaint:

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Correct answer C

Article 5 provides that "The obligations under Articles 3 and 4 do not apply to procedures provided in multilateral agreements concluded under the auspices of WIPO relating to the acquisition or maintenance of intellectual property rights". Fee arrangements in such filing procedures are therefore outside national treatment and MFN. Article 66.1 cannot be the basis, because the transition period it gives least-developed country Members expressly does not cover "Articles 3, 4 and 5".

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