Question 1

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.

Accepted Answer

Counterfeit goods are merchandise that is produced and sold with a fake trademark or without permission from the trademark owner. Imported goods that bear the true trademark and have permission from the trademark owner are not considered counterfeit.

Question 2

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

Accepted Answer

The Copyright Term Extension Act of 1998, also known as the Sonny Bono Copyright Term Extension Act, was primarily intended to benefit the film industry by extending copyright terms from 50 years after the death of the author to 70 years after the death of the author. It also affected the music and publishing industries by extending copyright terms for musical compositions and works for hire. The act was not intended to protect the computer, construction or appliance industries.

Question 3

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

Accepted Answer

The WIPO Copyright Treaty provides protection for works of authorship available through the Internet. The Berne Convention and the TRIPS Agreement also address copyright protection, but do not specifically mention protection for works available through the Internet.

Question 4

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

Accepted Answer

Under U.S. copyright law, an author's exclusive rights typically extend for the life of the author plus 70 years after their death, allowing the rights to be inherited or transferred to heirs or designated parties.

Question 5

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

Accepted Answer

The Berne Convention, an international agreement governing copyright, recognizes computer programs as literary works and provides copyright protection for them.

Question 6

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

Accepted Answer

Preapproval is the most protectionist regulatory scheme because it requires government approval before technology transfer agreements can be carried out. This gives the government the power to block agreements that it deems to be against its interests or that do not meet its criteria. Notification/registration schemes, on the other hand, simply require that technology transfer agreements be reported to the government, but do not give the government the power to block them. No regulation leaves technology transfer agreements completely unregulated, which may not be in the best interests of the government or the public.

Question 7

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:

Accepted Answer

This is an example of gray marketing, also known as parallel import or parallel trade, where products legally produced and marketed in one country are imported and sold in another country without the authorization of the original manufacturer or trademark owner. In this case, the Indian company is producing and selling the copyrighted textbook without the permission of the U.S. company in the U.S. market at a lower price, creating unfair competition for the U.S. company.

Question 8

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

Accepted Answer

In most countries, patent priority is granted to the first inventor, not the first to file a patent application.

Question 9

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

TRIPS requires WTO member countries, including developing countries, to adhere to minimum standards of intellectual property protection, but it does not mandate adopting laws identical to those of the United States.

Question 10

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

Accepted Answer

The case involved the question of whether Katzel was liable to Bourjois for trademark infringement.

Question 11

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

Accepted Answer

The bilateral agreement concluded in 1994 between the U.S. and the EU does not allow U.S.-made liquor to be branded as "scotch whisky" or "cognac," nor does it allow EU made liquor to be branded as "bourbon" or "Tennessee whiskey." The agreement protects geographical indications for certain products, such as Scotch whisky, cognac, bourbon, and Tennessee whiskey, ensuring that they can only be produced in specific regions and under strict rules.

Question 12

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

The answer of Foreign laws that require the disclosure of...

Question 13

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

Accepted Answer

The EU Trademark Regulation, which came into force in 1996, introduced the concept of a single trademark registration that is enforceable in all EU member states. This registration is known as the European Union Trademark (EUTM) and applies to both word and figurative marks.

Question 14

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

Accepted Answer

The answer of Both the Berne Convention and the Paris...

Question 15

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

Accepted Answer

The European Union has a single application process available for protecting intellectual property through the European Patent Office (EPO), where a single patent application can cover up to 38 European countries.

Question 16

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

Accepted Answer

Piracy and counterfeit goods cause significant revenue loss for American companies, estimated at $250 billion annually.

Question 17

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

Accepted Answer

The EU has specific protections for geographical indications, which are signs used on products that have a specific geographical origin and possess qualities or a reputation due to that origin. This means that in the EU, geographical indications themselves cannot be registered as trademarks if they refer to products not originating from the designated area, differing from general American intellectual property law where geographical names can sometimes be trademarked if they meet certain criteria.

Question 18

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

Accepted Answer

The answer of The Paris Convention gives a trademark holder...

Question 19

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

Accepted Answer

The three regulatory schemes for a technology transfer agreement range from least prohibitive to most prohibitive are no regulation, notification/registration, and preapproval. Therefore, option C is correct as it lists the schemes in the correct order.

Question 20

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

The European Court of Justice in the Sebago Inc. v. GB-Unic SA case did not rule that re-imports from one EU member country to another violate the Trademark Directive. Instead, it clarified conditions under which trademark rights might be exhausted, indicating that such re-imports do not necessarily violate the Trademark Directive if the goods were put on the market in the European Economic Area (EEA) by the trademark owner or with their consent.

Quiz 17: Protection and Licensing of Intellectual Property