Question 1

Both the Berne Convention and the Paris Convention require signatory countries to enact certain minimum substantive laws.

Accepted Answer

A) True 
 B)False  False

Question 2

Compare and contrast the risks of international licensing to a company versus those associated with trading goods.

Accepted Answer

When a company engages in international licensing, it essentially grants permission to another company in a foreign market to use its intellectual property, such as patents, trademarks, or technology, in exchange for royalty payments. This can pose risks to the company in terms of protecting its intellectual property rights, as there is a potential for the licensee to violate these rights or misuse the technology. Additionally, the company may also face risks related to the reputation and quality of its products or services if the licensee does not maintain the same standards.

On the other hand, when a company engages in trading goods internationally, it faces risks related to fluctuations in currency exchange rates, trade barriers and tariffs, political instability, and cultural differences. These risks can impact the company's profitability and market access in foreign countries.

In comparing the risks of international licensing to those associated with trading goods, it can be said that licensing carries more specific risks related to intellectual property protection and maintaining brand reputation, while trading goods carries more general risks related to market access and economic factors. Ultimately, both strategies involve risks that need to be carefully considered and managed by the company in order to succeed in the global market.

Question 3

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)requires developing countries that are members of the WTO to adopt intellectual property laws similar to the United States.

Accepted Answer

A) True 
 B)False  False

Question 4

A licensee will seek a grant back of ownership in improvements to the licensor.

Accepted Answer

A) True 
 B)False

Question 5

Common restrictions imposed on the use of technology include geographic limitations on the licensee's manufacturing and/or marketing activities.These types of restrictions are also known as:

Accepted Answer

A)  field of use limitations. 
B)  non-technical limitations. 
C)  operating limitations. 
D)  implied effort of cooperation limitations. 
A)  field of use limitations. 
B)  non-technical limitations. 
C)  operating limitations. 
D)  implied effort of cooperation limitations.

Question 6

The impact of piracy on the revenue loss to American companies to counterfeit goods is estimated to be is $250 billion annually.

Accepted Answer

A) True 
 B)False

Question 7

When a person registers a domain name with the intent to profit from the goodwill of a trademark belonging to another,it is called:

Accepted Answer

A)  domain assumption. 
B)  cybersquatting. 
C)  domain preemption. 
D)  bad faith registration. 
A)  domain assumption. 
B)  cybersquatting. 
C)  domain preemption. 
D)  bad faith registration.

Question 8

The Copyright Term Extension Act of 1998 was intended to protect key industries in the U.S.,including the:

Accepted Answer

A)  computer industry. 
B)  film industry. 
C)  construction industry. 
D)  appliance industry. 
A)  computer industry. 
B)  film industry. 
C)  construction industry. 
D)  appliance industry.

Question 9

Transfer of technology laws are U.S.statutes that require U.S.companies to share their technology and research with firms in Africa.

Accepted Answer

A) True 
 B)False

Question 10

Which of the following regulatory schemes for technology transfer agreements is most indicative of a protectionist government policy?

Accepted Answer

A)  Preapproval 
B)  Notification/registration 
C)  No regulation 
D)  None of these are correct 
A)  Preapproval 
B)  Notification/registration 
C)  No regulation 
D)  None of these are correct

Question 11

The Paris Convention gives a trademark holder in any signatory country a "right of priority."

Accepted Answer

A) True 
 B)False

Question 12

What defense can an accused party use when accused of IP infringement?

Accepted Answer

A)  Non-infringement 
B)  Invalidity 
C)  Unenforceability 
D)  All of these are correct 
A)  Non-infringement 
B)  Invalidity 
C)  Unenforceability 
D)  All of these are correct

Question 13

Copyright protection for works of authorship available through the Internet is expressly provided by:

Accepted Answer

A)  The Berne Convention. 
B)  The WIPO Copyright Treaty. 
C)  The TRIPS Agreement. 
D)  none of these are correct. 
A)  The Berne Convention. 
B)  The WIPO Copyright Treaty. 
C)  The TRIPS Agreement. 
D)  none of these are correct.

Question 14

IPR transfers from U.S.companies to joint ventures in developing countries often allow U.S.companies to avoid the legal risks and entanglements of direct investment.

Accepted Answer

A) True 
 B)False

Question 15

Lindsey and Martin Smith of Ontario,Canada,have paid McDonald's a fee for limited permission to use its trademarks,copyrights,and know-how in running a fast-food restaurant in Ontario for the next five years.The Smiths have purchased a(n):

Accepted Answer

A)  license. 
B)  royalty. 
C)  IPR. 
D)  none of these are correct. 
A)  license. 
B)  royalty. 
C)  IPR. 
D)  none of these are correct.

Question 16

Foreign laws that require the disclosure of the ingredients of formulas of trade secrets to determine the safety of the product before entry is granted is a legitimate government regulation under its police powers i.e.health and safety.

Accepted Answer

A) True 
 B)False

Question 17

Draft a bill to address the problem of gray market goods or that which enacts the Lever Rule (students are expected to do external research regarding the Lever Rule).

Accepted Answer

Bill Title: Lever Rule Enforcement Act

Question 18

Most nations grant patent priority to the individual who can prove (s)he was the first to invent.

Accepted Answer

A) True 
 B)False

Question 19

U.S.courts have been reluctant to restrict gray market competition in situations where the product's quality being introduced to the home market is indistinguishable from its native counterpart.

Accepted Answer

A) True 
 B)False

Question 20

TRIPS requires every member of the World Trade Organization to:

Accepted Answer

A)  abide by the Paris Convention. 
B)  abide by the Berne Convention. 
C)  apply national treatment to foreign owners of intellectual property rights. 
D)  provide patent protection for processes. 
E)  all of these are correct. 
A)  abide by the Paris Convention. 
B)  abide by the Berne Convention. 
C)  apply national treatment to foreign owners of intellectual property rights. 
D)  provide patent protection for processes. 
E)  all of these are correct.

Exam 17: Protection and Licensing of Intellectual Property

Both the Berne Convention and the Paris Convention require signatory countries to enact certain minimum substantive laws.

Compare and contrast the risks of international licensing to a company versus those associated with trading goods.

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)requires developing countries that are members of the WTO to adopt intellectual property laws similar to the United States.

A licensee will seek a grant back of ownership in improvements to the licensor.

Common restrictions imposed on the use of technology include geographic limitations on the licensee's manufacturing and/or marketing activities.These types of restrictions are also known as:

The impact of piracy on the revenue loss to American companies to counterfeit goods is estimated to be is $250 billion annually.

When a person registers a domain name with the intent to profit from the goodwill of a trademark belonging to another,it is called:

The Copyright Term Extension Act of 1998 was intended to protect key industries in the U.S.,including the:

Transfer of technology laws are U.S.statutes that require U.S.companies to share their technology and research with firms in Africa.

Which of the following regulatory schemes for technology transfer agreements is most indicative of a protectionist government policy?

The Paris Convention gives a trademark holder in any signatory country a "right of priority."

What defense can an accused party use when accused of IP infringement?

Copyright protection for works of authorship available through the Internet is expressly provided by:

IPR transfers from U.S.companies to joint ventures in developing countries often allow U.S.companies to avoid the legal risks and entanglements of direct investment.

Lindsey and Martin Smith of Ontario,Canada,have paid McDonald's a fee for limited permission to use its trademarks,copyrights,and know-how in running a fast-food restaurant in Ontario for the next five years.The Smiths have purchased a(n):

Foreign laws that require the disclosure of the ingredients of formulas of trade secrets to determine the safety of the product before entry is granted is a legitimate government regulation under its police powers i.e.health and safety.

Draft a bill to address the problem of gray market goods or that which enacts the Lever Rule (students are expected to do external research regarding the Lever Rule).

Most nations grant patent priority to the individual who can prove (s)he was the first to invent.

U.S.courts have been reluctant to restrict gray market competition in situations where the product's quality being introduced to the home market is indistinguishable from its native counterpart.

TRIPS requires every member of the World Trade Organization to:

Introduction to International Business

International Law and the World's Legal Systems

Resolving International Commercial Disputes

The Formation and Performance of Contracts for the Sale of Goods

The Documentary Sale and Terms of Trade

Legal Issues in International Transportation

Bank Collections and Letters of Credit

National Lawmaking Powers and the Regulation of U.S.Trade

The World Trade Organization: Basic Legal Principles

Laws Governing Access to Foreign Markets

Regulating Import Competition and Unfair Trade

Imports,Customs,and Tariff Law

Export Controls and Sanctions

North American Free Trade Law

The European Union

Marketing: Representatives,Advertising,and Anti-Corruption

The Legal Environment of Foreign Direct Investment

Labor and Employment Discrimination Law

Environmental Law

Regulating the Competitive Environment

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