Exam 17: Licensing Agreements and the Protection of Intellectual Property Rights

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.

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

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

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

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.

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

Developing countries hardly ever restrict remittances of hard-currency payments to foreign firms because to do so would deprive the firm of foreign investment.

TRIPS was the result of intensive negotiations during the so-called Tokyo Round of GATT talks and provided increased protection for IPRs during the 1980s.

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

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

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

The greatest protection for a firm's copyrights and patents comes from international conventions and not the local laws of individual countries.

If a technology transfer agreement is interpreted under local law as a "sale" rather than as a temporary "lease," then:

Draft a bill to address the problem of gray market goods (or that enacts the Lever Rule -- students will need to do outside research regarding the Lever Rule).

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

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

Under TRIPS,a nation may decide to exclude pharmaceutical patents if it determines they are immoral.

The greatest protection offered to the holder of intellectual property rights comes from:

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 three regulatory schemes for a technology transfer agreement range from least prohibitive to most prohibitive in which of the following choices: