Question 1

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

Accepted Answer

The answer of Compare and contrast attitudes toward technology transfers...

Question 2

The TRIPS Agreement:
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) A, B, and C.

Accepted Answer

The TRIPS Agreement, which became effective on July 1, 1995, aims to create a more effective international system for the protection of intellectual property rights (IPRs). As part of this, it requires every member of the World Trade Organization (WTO) to abide by the Paris Convention and the Uniform Copyright Convention. Therefore, all of the options A, B, and C are correct.

Question 3

What defense can an accused party use when accused of IP infringement?
A) Non-infringement
B) Invalidity
C) Unenforceability
D) All of the above

Accepted Answer

An accused party can use one or more of these defenses when accused of IP infringement. Non-infringement defense argues that the accused party has not violated any of the rights conferred on the IP owner. Invalidity defense claims that the IP is not valid and, therefore, cannot be infringed upon. Unenforceability defense asserts that the IP owner cannot enforce their rights due to certain legal or equitable reasons.

Question 4

When a person registers a domain name with the intent to profit from the goodwill of a trademark belonging to another, it is called:
A) domain assumption.
B) cybersquatting.
C) domain preemption.
D) bad faith registration.

Accepted Answer

This is known as cybersquatting, which is the act of registering a domain name of a popular brand, company or person with the intent to sell it back to them or profit from it in some other way. It is considered to be bad faith registration and is illegal.

Question 5

Which of the following is not of the thre e type s o f regulator y scheme s fo r transfe r agreement s ?
A) Preapproval
B) Notification/registration
C) No regulation
D) All are types of regulatory schemes

Accepted Answer

All three types (preapproval, notification/registration, and no regulation) are regulatory schemes for transfer agreements.

Question 6

Compare and contrast the risks of international licensing to a company versus those associated with trading goods.

Accepted Answer

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Question 7

Lindsey and Martin Smith of Ontario, Canada, have paid McDonald's a fee for limited permission to use its trademarks, copyrights, and know-how in running a fast-food restaurant in Ontario for the next five years. The Smiths have purchased a(n):
A) license.
B) royalty.
C) IPR.
D) none of the above.

Accepted Answer

The Smiths have purchased a license, which is a legal agreement that gives someone permission to use a particular product or service. In this case, it's a license to use McDonald's trademarks, copyrights, and know-how to run a fast-food restaurant in Ontario for the next five years. A royalty is a payment made by one party to another for the use of their intellectual property, which is not mentioned in this scenario. IPR stands for intellectual property rights, which is a broader term encompassing copyrights, patents, trademarks, and trade secrets, but it's not a purchase made by the Smiths in this case.

Question 8

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

Accepted Answer

Transfer agreements in Japan and some newly developed countries such as Korea require notification to the government. This means that the parties involved in the transfer agreement must inform the government of the agreement, but do not necessarily need approval or negotiation with the government. However, the agreement should be entered into without corruption.

Question 9

TRIPS requires every member of the World Trade Organization to:
A) abide by the Paris Convention.
B) abide by the Berne Convention.
C) apply national treatment to foreign owners of intellectual property rights.
D) provide patent protection for processes.
E) all of the above.

Accepted Answer

TRIPS requires every member to abide by the Paris Convention and Berne Convention, apply national treatment to foreign owners of intellectual property rights, and provide patent protection for processes, among other things.

Question 10

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.
A) grant back provision
B) field use provision
C) technology transfer
D) promise of confidentiality

Accepted Answer

A grant back provision is commonly used when a licensor anticipates that a licensee may make improvements in the licensed technology. This provision requires the licensee to grant the licensor the right to use any improvements or modifications made to the technology during the term of the license agreement. This ensures that the licensor retains control over any advancements made to the technology.

Question 11

Intellectua l propert y right s i n som e countrie s ar e no t protecte d because:
A) some countries actually encourage their citizens to violate the property rights of foreigners because it is economically advantageous to do so.
B) some countries that have intellectual property laws fail to enforce them.
C) some countries enforce their intellectual property laws in a discriminatory fashion.
D) all of the above.

Accepted Answer

Intellectual property rights in some countries may not be protected due to a combination of reasons - some countries may encourage violation of property rights as it may be economically advantageous, some countries may have intellectual property laws but fail to enforce them, while others may enforce these laws in a discriminatory manner. Therefore, all of the above options are correct.

Question 12

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

Accepted Answer

FRAND licensing applies in specific circumstances, particularly in the context of standard-essential patents (SEPs) where patent holders are required to license their patents on fair, reasonable, and nondiscriminatory terms to ensure widespread adoption of standardized technologies.

Question 13

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:
A) field of use limitations.
B) non-technical limitations.
C) operating limitations.
D) implied effort of cooperation limitations.

Accepted Answer

Geographic limitations on manufacturing and/or marketing activities are commonly referred to as field of use limitations in licensing agreements. Non-technical limitations, operating limitations, and implied effort of cooperation limitations are not specific to geographic restrictions on use.

Question 14

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

Accepted Answer

The answer of Assess the relative merits of producing a...

Question 15

Th e concep t o f languag e politic s i n system s franchis e agreement s refer s to:
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 the above.

Accepted Answer

Language politics in systems franchise agreements refer to requirements by certain countries that mandate the use of a particular language to conduct business within certain regions. This ensures that all parties involved in the transaction understand and communicate effectively.

Question 16

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.

Accepted Answer

The answer of Among the recent legal and technological issues...

Question 17

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

Accepted Answer

The answer of Develop a document that proposes international standards...

Question 18

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

Accepted Answer

The answer of Compare and contrast TRIPS with IPR in...

Question 19

The type of arrangement in which the licensor permits the licensee to sell certain goods under the licensor's trademark or logo is called:
A) trademark lease agreement.
B) shared benefit agreements.
C) franchise agreement.
D) none of the above.

Accepted Answer

A franchise agreement is an arrangement in which the licensor (franchisor) permits the licensee (franchisee) to sell certain goods or services under the licensor's trademark or logo. The franchisee usually has to follow certain rules and guidelines set by the franchisor in order to maintain the consistency and quality of the products or services offered.

Question 20

Company A wants to use some technology that Company B has developed, so Company A pays Company B a license fee, called a(n):
A) permission fee.
B) royalty.
C) IPR.
D) rights payment.

Accepted Answer

A royalty is a fee paid by a company (licensee) to use technology or intellectual property developed by another company (licensor). It is a common way for companies to monetize their intellectual property assets.

Quiz 17: Protecting and Licensing Intellectual Property

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

The TRIPS Agreement:

What defense can an accused party use when accused of IP infringement?

When a person registers a domain name with the intent to profit from the goodwill of a trademark belonging to another, it is called:

Which of the following is not of the thre e type s o f regulator y scheme s fo r transfe r agreement s ?

Compare and contrast the risks of international licensing to a company versus those associated with trading goods.

Lindsey and Martin Smith of Ontario, Canada, have paid McDonald's a fee for limited permission to use its trademarks, copyrights, and know-how in running a fast-food restaurant in Ontario for the next five years. The Smiths have purchased a(n) :

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

TRIPS requires every member of the World Trade Organization to:

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.

Intellectua l propert y right s i n som e countrie s ar e no t protecte d because:

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

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:

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

Th e concep t o f languag e politic s i n system s franchis e agreement s refer s to:

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.

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

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

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

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