Question 1

IPRs include patents,trademarks,and copyright,but not trade secrets.

Accepted Answer

A) True 
 B)False

Question 2

The European Union has both a common multinational patent application process as well as the individual country processes.

Accepted Answer

A) True 
 B)False

Question 3

A field of use limitation in a licensing agreement restricts the licensee's ability to market in certain geographical areas.

Accepted Answer

A) True 
 B)False

Question 4

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 remedies may AUSA seek against HPI as a result of its conduct? What do these remedies provide?

Accepted Answer

AUSA could seek relief pursuant to Secti

Question 5

In the licensing agreement the licensor would set the geographic and field-of-use limitations on licensees.

Accepted Answer

A) True 
 B)False

Question 6

Computer programs are protected as copyrightable literary works under the Berne Convention.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following represent the three regulatory schemes for a technology transfer agreement range from least prohibitive to most prohibitive?

Accepted Answer

A)  Notification/registration, no regulation, preapproval 
B)  Preapproval, notification/registration, no regulation 
C)  No regulation, notification/registration, preapproval 
D)  No regulation, preapproval, notification/registration 
A)  Notification/registration, no regulation, preapproval 
B)  Preapproval, notification/registration, no regulation 
C)  No regulation, notification/registration, preapproval 
D)  No regulation, preapproval, notification/registration

Question 8

Transfer agreements in Japan and some newly developed countries such as Korea require:

Accepted Answer

A)  approval by the government. 
B)  negotiation between the foreign licensor and the government. 
C)  notification to the government. 
D)  assurance that the agreement has not be entered into corruptly. 
A)  approval by the government. 
B)  negotiation between the foreign licensor and the government. 
C)  notification to the government. 
D)  assurance that the agreement has not be entered into corruptly.

Question 9

The greatest protection for a firm's copyrights and patents comes from the International Convention for the Protection of Industrial Property.

Accepted Answer

A) True 
 B)False

Question 10

Restrictions written into the franchise agreement must be strictly adhered to regardless of the effects it may have on the competitive potential of the franchisee in the host country.

Accepted Answer

A) True 
 B)False

Question 11

Licensors of IPRs are generally wary of offering licensees exclusive rights in a certain geographic area.

Accepted Answer

A) True 
 B)False

Question 12

Since 1996,the European Union's Trademark Regulation has allowed a single trademark registration enforceable in all members of the European Union.

Accepted Answer

A) True 
 B)False

Question 13

Assess the relative merits of producing a new product or technology abroad as opposed to domestically.

Accepted Answer

There are several factors to consider wh

Question 14

The concept of language politics in systems franchise agreements refers to:

Accepted Answer

A)  the legal system's primary language must be recognized. 
B)  a country that requires a certain language to be used to conduct business in a certain region. 
C)  efforts to incorporate the home country's language into standard business practice of the host country are extensive. 
D)  none of these are correct. 
A)  the legal system's primary language must be recognized. 
B)  a country that requires a certain language to be used to conduct business in a certain region. 
C)  efforts to incorporate the home country's language into standard business practice of the host country are extensive. 
D)  none of these are correct.

Question 15

Which of the following is true about fair,reasonable,and nondiscriminatory (FRAND)licensing terms?

Accepted Answer

A)  FRAND licensing applies only in limited circumstances. 
B)  FRAND licensing has curbed litigation in a meaningful way. 
C)  FRAND licensing is not practiced in the U.S. 
D)  None of these are correct. 
A)  FRAND licensing applies only in limited circumstances. 
B)  FRAND licensing has curbed litigation in a meaningful way. 
C)  FRAND licensing is not practiced in the U.S. 
D)  None of these are correct.

Question 16

Create a structure or standards for an online international dispute resolution forum that handles IPR issues.

Accepted Answer

To create a structure or standards for a

Question 17

The TRIPS Agreement:

Accepted Answer

A)  became effective July 1, 1995. 
B)  promises to create a more effective international system for protection of IPRs. 
C)  requires every member of the WTO to abide by the Paris Convention and the Uniform Copyright Convention. 
D)  All of these are correct. 
A)  became effective July 1, 1995. 
B)  promises to create a more effective international system for protection of IPRs. 
C)  requires every member of the WTO to abide by the Paris Convention and the Uniform Copyright Convention. 
D)  All of these are correct.

Question 18

Foreign laws that require the government approval of a licensing agreement are a form of protectionist policy.

Accepted Answer

A) True 
 B)False

Question 19

The European Court of Justice in the Sebago Inc.v.GB Unic,SA,(1999)E.T.M.R.681 ruled that re-imports from a EU member country to another is in violation of the Trademark Directive.

Accepted Answer

A) True 
 B)False

Question 20

A single multinational application process is available for protecting intellectual property in:

Accepted Answer

A)  in the U.S., Canada, and Mexico. 
B)  in the Eastern European countries. 
C)  in countries that are member of the Asian Patent Protection Treaty. 
D)  in the European Union. 
A)  in the U.S., Canada, and Mexico. 
B)  in the Eastern European countries. 
C)  in countries that are member of the Asian Patent Protection Treaty. 
D)  in the European Union.

IPRs include patents,trademarks,and copyright,but not trade secrets.

The European Union has both a common multinational patent application process as well as the individual country processes.

A field of use limitation in a licensing agreement restricts the licensee's ability to market in certain geographical areas.

In the licensing agreement the licensor would set the geographic and field-of-use limitations on licensees.

Computer programs are protected as copyrightable literary works under the Berne Convention.

Which of the following represent the three regulatory schemes for a technology transfer agreement range from least prohibitive to most prohibitive?

Transfer agreements in Japan and some newly developed countries such as Korea require:

The greatest protection for a firm's copyrights and patents comes from the International Convention for the Protection of Industrial Property.

Restrictions written into the franchise agreement must be strictly adhered to regardless of the effects it may have on the competitive potential of the franchisee in the host country.

Licensors of IPRs are generally wary of offering licensees exclusive rights in a certain geographic area.

Since 1996,the European Union's Trademark Regulation has allowed a single trademark registration enforceable in all members of the European Union.

Assess the relative merits of producing a new product or technology abroad as opposed to domestically.

The concept of language politics in systems franchise agreements refers to:

Which of the following is true about fair,reasonable,and nondiscriminatory (FRAND)licensing terms?

Create a structure or standards for an online international dispute resolution forum that handles IPR issues.

The TRIPS Agreement:

Foreign laws that require the government approval of a licensing agreement are a form of protectionist policy.

The European Court of Justice in the Sebago Inc.v.GB Unic,SA,(1999)E.T.M.R.681 ruled that re-imports from a EU member country to another is in violation of the Trademark Directive.

A single multinational application process is available for protecting intellectual property in:

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

Filters

Exam 17: Protection and Licensing of Intellectual Property

IPRs include patents,trademarks,and copyright,but not trade secrets.

The European Union has both a common multinational patent application process as well as the individual country processes.

A field of use limitation in a licensing agreement restricts the licensee's ability to market in certain geographical areas.

In the licensing agreement the licensor would set the geographic and field-of-use limitations on licensees.

Computer programs are protected as copyrightable literary works under the Berne Convention.

Which of the following represent the three regulatory schemes for a technology transfer agreement range from least prohibitive to most prohibitive?

Transfer agreements in Japan and some newly developed countries such as Korea require:

The greatest protection for a firm's copyrights and patents comes from the International Convention for the Protection of Industrial Property.

Restrictions written into the franchise agreement must be strictly adhered to regardless of the effects it may have on the competitive potential of the franchisee in the host country.

Licensors of IPRs are generally wary of offering licensees exclusive rights in a certain geographic area.

Since 1996,the European Union's Trademark Regulation has allowed a single trademark registration enforceable in all members of the European Union.

Assess the relative merits of producing a new product or technology abroad as opposed to domestically.

The concept of language politics in systems franchise agreements refers to:

Which of the following is true about fair,reasonable,and nondiscriminatory (FRAND)licensing terms?

Create a structure or standards for an online international dispute resolution forum that handles IPR issues.

The TRIPS Agreement:

Foreign laws that require the government approval of a licensing agreement are a form of protectionist policy.

The European Court of Justice in the Sebago Inc.v.GB Unic,SA,(1999)E.T.M.R.681 ruled that re-imports from a EU member country to another is in violation of the Trademark Directive.

A single multinational application process is available for protecting intellectual property in:

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

Filters