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

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

Many technology owners have avoided introducing technology or technological products into Brazil because:

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

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

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.

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?

The TRIPS Agreement:

Governments in developing countries usually encourage the use of licensed intellectual property by diligently enforcing laws designed to protect it from theft or other means of exploitation.

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

A.Bourjois & Co.v.Katzel involved the question of whether Katzel:

The Paris Convention:

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

The hearing for the Walt Disney v.Beijing Publishing Press was held in the United States.

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

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

The great advantage of the International Convention for the Protection of Industrial Property is that by filing a trademark with this international body,the trademark owner achieves virtually worldwide trademark protection.

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

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?

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).

Intellectual property rights in some countries are not protected because: