Exam 17: Protection and Licensing of Intellectual Property

Licensees of IPRs are generally eager to operate under specific marketing quotas requested by the licensor.

Under a bilateral agreement concluded in 1994 between the U.S.and the EU:

Importation of merchandise produced and sold abroad and then imported back into the United States for sale in competition with the U.S.trademark owner is referred to counterfeit goods.

Compare and contrast TRIPS with IPR in the U.S.or another country (for example,India).

When it seems likely that a licensee may develop improvements in the licensed technology,a licensor may wish to include a ____ in the license agreement.

Exhibit 17-1 Accuraphoto USA (AUSA) owns the "Accuraphoto" trademark in the United States. AUSA produces the "SureShot" camera, which is known to consumers as a moderately priced quality product. AUSA entered into a contract with Honshu Photographic, Inc. (HPI), a Japanese corporation. Pursuant to the terms of the contract, HPI was permitted to manufacture and market "SureShot" cameras utilizing the "Accuraphoto" trademark in return for payment of royalties based upon a percentage of HPI's sales. After producing "SureShot" cameras for a short time at its Japanese facility, HPI moved production to its facility in the Philippines in order to reduce labor costs. The cameras produced at the Philippine facility utilized the "Accuraphoto" trademark but were marketed under the name "SharpShot." Additionally, these cameras contained improved electronic features incorporated into the product by HPI engineers. Despite the inclusion of these improvements, "SharpShot" cameras proved to be of inferior quality. Furthermore, "SharpShot" cameras have begun to show up on the shelves of U.S. discount retailers such as K-Mart and Wal-Mart. Additionally, several "SharpShot" cameras have been sent by American consumers to AUSA's American facilities for repair. Finally, HPI has refused to share access with AUSA to the electronic improvements incorporated into the "SharpShot" on the basis that they are confidential proprietary information. -Refer to Exhibit 17-1.What terms could AUSA have included in its contract with HPI that could have avoided this legal morass?

Compare and contrast attitudes toward technology transfers in the developed countries,developing countries,and countries strongly influenced by Marxist ideology.

Among the recent legal and technological issues reported in the WIPO magazine available on-line,which do you believe are the most important for the U.S.? Assess their relative importance to other countries.

Most international licensing agreements mandate the licensee to maintain the confidentiality of the licensor's technology.

Under TRIPS,until a pharmaceutical patent is actually granted,a country has no obligation to protect potential prospective rights (during the pendency of the patent application).

Which of the following is not of the three types of regulatory schemes for transfer agreements?

When the intellectual property being licensed is technology protected primarily by a patent,a key license provision will be a clause setting forth the licensee's obligation to keep the licensed technology confidential.

Company A wants to use some technology that Company B has developed,so Company A pays Company B a license fee,called a(n):

The Council of the European Union has jurisdiction over franchise agreements operating in its member countries.

Develop a document that proposes international standards for trademark licensing or use by a subsidiary (or sale to a third party)of copyrighted material.

A U.S.-located college textbook manufacturer produces its copyrighted/trademarked biology textbook for sale in the U.S.It licenses an English-language version of the textbook to a manufacturer in India for sale.The Indian company produces the textbook and ships it to the U.S.for sale at a much lower price than the price offered by the U.S.company.This is referred to as:

Many technology transfer agreements prevent the licensee from selling goods to persons that will bring the product back to the licensor's country for sale in direct competition with the licensor.

The EU departs from general American intellectual property law and bans the trademark registration of geographical indications.

The type of arrangement in which the licensor permits the licensee to sell certain goods under the licensor's trademark or logo is called:

Under U.S.copyright law,an author's exclusive rights end upon his/her demise.